Legislation
SECTION 845
Central state registry of police officers and peace officers
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 845. Central state registry of police officers and peace officers.
1. The division shall collect information to maintain, on a current
basis, a registry of all police officers and peace officers in the
state. Such registry shall contain, with respect to each officer, his or
her name, date of birth, social security number, rank or title,
employer, and date of successful completion of training required by
section 2.30 of the criminal procedure law and section two hundred
nine-q of the general municipal law.
2. (a) Each head of a state or local agency, unit of local government,
state or local commission, public authority or other organization which
employs police officers or peace officers shall transmit to the
division, no later than the fifteenth day of January annually, and in a
form and manner prescribed by the division, a list containing the name
of every police officer or peace officer employed by his or her agency,
government, commission, authority or organization indicating with
respect to each officer his or her date of birth, social security
number, rank or title, employer, and whether he is employed full-time or
part-time. In addition to such annual list, each such head, whenever
officers have been newly appointed or have ceased to serve, shall
immediately transmit to the division, in a form and manner prescribed by
the division, a list containing the names of such officers which, in the
instance of new appointees, shall include all the information required
to be furnished in the annual listing.
(b) Whenever officers have ceased to serve, each such head shall
immediately transmit to the division, in a form and manner prescribed by
the division, notification that any such officer has ceased to serve due
to a leave of absence, resignation, removal, removal for cause, or
removal during a probationary period.
3. (a) The division shall establish rules and regulations to provide
for a permanent system of identification for each police and peace
officer, which shall include procedures for updating the registry upon
an officer's failure to complete required training within the time
limitations established in law or regulation.
(b) Such rules and regulations shall also establish procedures, in
accordance with the state administrative procedure act, for a process as
described in this paragraph. When it shall appear to the commissioner or
the commissioner's designee that a notification of the reason such an
officer ceased to serve, received by the commissioner pursuant to
paragraph (b) of subdivision two of this section, is inaccurate in a
material respect, the commissioner shall attempt to resolve such
discrepancy by contacting the head of the office that submitted such
notification. If such informal efforts do not resolve the discrepancy
promptly, the commissioner may issue a notice to such head and the
officer who is the subject of such notification of an inquiry into the
accuracy of such record. After notice and an opportunity for each to be
heard, if the commissioner finds such record to be inaccurate with
respect to such matter in a material respect, the commissioner shall
provide notice of such determination to each of them and, pursuant to
such determination, may correct such record. The commissioner shall
maintain a clear documentary record of both the original record and the
correction made.
4. Upon the failure or refusal to comply with the requirements of
subdivision two of this section, the commissioner may apply to the
supreme court for an order directed to the person responsible requiring
compliance. Upon such application the court may issue such order as may
be just, and a failure to comply with the order of the court shall be a
contempt of court and punishable as such.
5. The division shall cooperate with the division of state police in
making the information in the central registry of police and peace
officers available for the purpose of verifying transactions involving
firearms.
1. The division shall collect information to maintain, on a current
basis, a registry of all police officers and peace officers in the
state. Such registry shall contain, with respect to each officer, his or
her name, date of birth, social security number, rank or title,
employer, and date of successful completion of training required by
section 2.30 of the criminal procedure law and section two hundred
nine-q of the general municipal law.
2. (a) Each head of a state or local agency, unit of local government,
state or local commission, public authority or other organization which
employs police officers or peace officers shall transmit to the
division, no later than the fifteenth day of January annually, and in a
form and manner prescribed by the division, a list containing the name
of every police officer or peace officer employed by his or her agency,
government, commission, authority or organization indicating with
respect to each officer his or her date of birth, social security
number, rank or title, employer, and whether he is employed full-time or
part-time. In addition to such annual list, each such head, whenever
officers have been newly appointed or have ceased to serve, shall
immediately transmit to the division, in a form and manner prescribed by
the division, a list containing the names of such officers which, in the
instance of new appointees, shall include all the information required
to be furnished in the annual listing.
(b) Whenever officers have ceased to serve, each such head shall
immediately transmit to the division, in a form and manner prescribed by
the division, notification that any such officer has ceased to serve due
to a leave of absence, resignation, removal, removal for cause, or
removal during a probationary period.
3. (a) The division shall establish rules and regulations to provide
for a permanent system of identification for each police and peace
officer, which shall include procedures for updating the registry upon
an officer's failure to complete required training within the time
limitations established in law or regulation.
(b) Such rules and regulations shall also establish procedures, in
accordance with the state administrative procedure act, for a process as
described in this paragraph. When it shall appear to the commissioner or
the commissioner's designee that a notification of the reason such an
officer ceased to serve, received by the commissioner pursuant to
paragraph (b) of subdivision two of this section, is inaccurate in a
material respect, the commissioner shall attempt to resolve such
discrepancy by contacting the head of the office that submitted such
notification. If such informal efforts do not resolve the discrepancy
promptly, the commissioner may issue a notice to such head and the
officer who is the subject of such notification of an inquiry into the
accuracy of such record. After notice and an opportunity for each to be
heard, if the commissioner finds such record to be inaccurate with
respect to such matter in a material respect, the commissioner shall
provide notice of such determination to each of them and, pursuant to
such determination, may correct such record. The commissioner shall
maintain a clear documentary record of both the original record and the
correction made.
4. Upon the failure or refusal to comply with the requirements of
subdivision two of this section, the commissioner may apply to the
supreme court for an order directed to the person responsible requiring
compliance. Upon such application the court may issue such order as may
be just, and a failure to comply with the order of the court shall be a
contempt of court and punishable as such.
5. The division shall cooperate with the division of state police in
making the information in the central registry of police and peace
officers available for the purpose of verifying transactions involving
firearms.