BILL NUMBER: S2681

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the development of a
critical incident policy for members of the division of state police

 
PURPOSE:

This bill would amend executive law to create a uniform policy for paid
leave for members of the state police directly involved in a critical
incident.

 
SUMMARY OF PROVISIONS:

Section 1 establishes a new section 214-j of the Executive Law titled
"critical incident policy" to require the Superintendent of State Police
to develop a policy that provides guaranteed paid leave to any member of
the Division directly involved in a critical incident. This section also
defines "critical incident" to mean any action taken by a member of the
Division of the State Police that results in the serious physical injury
              

or death of another person, provided such action was during the course
of the performance of the member's official duties. This section further
defines the term "critical incident paid leave" to provide either 30
days or 15 days of paid leave to any such member of the Division depend-
ent upon their level of involvement in such critical incident.

Section 2 establishes an effective date 120 days after the bill has
become law and requires that any rule or regulation necessary for the
implementation of the new law to be promulgated within such 120-day
period.

 
JUSTIFICATION:

Members of the State Police are charged with the mission of ensuring the
safety of New York's roadways, preventing and investigating crimes,
preparing for and responding to emergencies and disasters, and providing
support to other law enforcement agencies, when necessary, among many
other duties. An unfortunate, but necessary part of the job of a New
York State Trooper is to use deadly physical force when a particular
situation necessitates the use of such force.  Members of the Division
of the State Police are highly trained to ensure that the use of such
force is justified when it must be utilized and realize that the safety
of our State's citizens is paramount, requiring critical actions that
could lead to death or serious injury to criminals that they must
engage. Moreover, they are willing to place their own safety and securi-
ty in secondary status in relation to the protection of all New Yorkers.

Notwithstanding the above, New York State Police Officers are, first and
foremost, human beings who are forced to deal with the consequences of
their actions, despite the legitimacy of those actions. Even in
instances of complete justification when utilizing deadly physical
force, State Police Officers can struggle, both physically and mentally,
with the decisions that they were required to make to uphold their sworn
duties as police officers. These dedicated public servants deserve the
opportunity to take leave following a critical incident so that they can
fully address any issues that may result following such an event. Howev-
er, under current law there is no guaranteed opportunity for leave. As
such, State Police Officers who have been forced to use deadly physical
force can be sent back the road within a day or two, creating an untena-
ble situation for these dedicated law enforcement officers.  This legis-
lation simply ensures that the State provides minimal, but necessary,
protection and relief to our State Police Officers who valiantly serve
the people of the State of New York.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 120 days after it shall have become a law,
except that any rule or regulation necessary for the timely implementa-
tion of this act on its effective date shall be promulgated on or before
such date.