NY State Senate Bill 2023-S9942

Senate Bill S9942

2023-2024 Legislative Session

Requires the municipal police training council establish standards for the destruction of controlled substances

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 28, 2024	referred to rules

2023-S9942 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §840, add §837-y, Exec L

2023-S9942 (ACTIVE) - Summary

Requires the municipal police training council establish standards for the destruction of controlled substances; requires such destruction of controlled substances policies be publicly available.

2023-S9942 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9942

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring the munici-
pal police training council establish standards for the destruction of
controlled substances

 
PURPOSE:

This bill requires the Municipal Police Training Council to develop,
maintain, and disseminate a minimum standards policy governing the
destruction of controlled substances seized and held by law enforcement
agencies.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 840 of the executive law by adding a new subdi-
vision requiring the council to develop, maintain, and disseminate a
minimum standards policy for the destruction of controlled substances in
consultation with the Department of Environmental Conservation and

Department of Health. It further requires the council to recommend rules
and regulations for the establishment and implementation of an ongoing
training program for new and current law enforcement officers regarding
this subdivision.

§ 2 amends the executive law adding a new section 837-y requiring law
enforcement agencies to disclose the minimum standards policy fo r the
destruction of controlled substances.

§ 3 sets forth the effective date.

 
JUSTIFICATION:

This bill will require the Municipal Police Training Council to develop,
maintain, and disseminate a minimum standards policy governing the
destruction of controlled substances seized and held by law enforcement
agencies. It further requires that the council recommend a training
program to assist new and current officers in properly disposing of
controlled substances. Additionally, this bill requires that law
enforcement disclose their policies for the destruction of controlled
substances to the public.

Currently, there is no state or federal system governing the disposal of
controlled substances by law enforcement, and there is no outside entity
regularly monitoring the disposal of controlled substances. As a result,
some departments have disposed of controlled substances in ways that
have been deemed "unsafe" by the U.S. Drug Enforcement Agency, such as
burying them in landfills, "open burning" the substances by setting them
on fire in fields or other open spaces, or incinerating them in burn
barrels in parking lots.

While most large law enforcement agencies use the generally accepted
method of disposing of controlled substances in commercial incin
erators, there, is a lack of uniformity among departments. By directing
the Municipal Police Training Council to develop a minimum st andards
policy, we can ensure that the disposal of controlled substances is safe
for our communities and the environment.
 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This bill shall take effect one year after it shall have become a law.

2023-S9942 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9942
 
                             I N  S E N A T E
 
                             October 28, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to requiring the  munici-
   pal police training council establish standards for the destruction of
   controlled substances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 840 of the executive law is amended by adding a new
 subdivision 8 to read as follows:
   8. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP, MAINTAIN,  AND  DISSEMINATE,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AND DEPARTMENT OF HEALTH, A
 MINIMUM  STANDARDS  POLICY  GOVERNING  THE  DESTRUCTION  OF   CONTROLLED
 SUBSTANCES  BY  LAW  ENFORCEMENT.  THE  MINIMUM  STANDARDS  POLICY SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A METHOD OF DESTRUCTION THAT WILL RENDER
 ALL CONTROLLED SUBSTANCES TO A NON-RETRIEVABLE STATE TO  PREVENT  DIVER-
 SION  AND  PROTECT  THE  PUBLIC HEALTH AND SAFETY CONSISTENT WITH 21 CFR
 PART 1317, PROHIBITED  METHODS  OF  DESTRUCTION,  RECORD  RETENTION  AND
 MANAGEMENT, AND TRAINING.
   (B)  RECOMMEND  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
 AND THE SPEAKER OF THE ASSEMBLY, RULES AND REGULATIONS WITH  RESPECT  TO
 THE  ESTABLISHMENT  AND IMPLEMENTATION ON AN ONGOING BASIS OF A TRAINING
 PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING  THE  POLICIES
 AND  PROCEDURES  ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION, ALONG WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   § 2. The executive law is amended by adding a  new  section  837-y  to
 read as follows:
   §   837-Y.   DISCLOSURE  OF  THE  MINIMUM  STANDARDS  POLICY  FOR  THE
 DESTRUCTION OF CONTROLLED SUBSTANCES BY LAW  ENFORCEMENT  AGENCIES.  ALL
 STATE  AND LOCAL LAW ENFORCEMENT AGENCIES SHALL POST SUCH MINIMUM STAND-
 ARDS POLICY, AS PROMULGATED UNDER SUBDIVISION  EIGHT  OF  SECTION  EIGHT
 HUNDRED FORTY OF THIS ARTICLE ON ITS WEBSITE, OR IF SUCH LAW ENFORCEMENT
 AGENCY  DOES  NOT  MAINTAIN  A  WEBSITE, IN ITS MAIN OFFICE. SUCH POLICY
 SHALL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16280-01-4
 S. 9942                             2
 
   § 3. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 date.

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