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S05206 Summary:

BILL NOS05206
 
SAME ASNo Same As
 
SPONSORSCARCELLA-SPANTON
 
COSPNSR
 
MLTSPNSR
 
Rpld & add §§839, 840 & 841, Exec L
 
Repeals the municipal police training council; creates the police training council to establish a statewide mandatory training curriculum for all law enforcement agencies established with police officer or peace officer status throughout the state.
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S05206 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5206
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 19, 2025
                                       ___________
 
        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes
 
        AN ACT to amend the executive  law,  in  relation  to  establishing  the
          police training council; and to repeal certain provisions of the exec-
          utive law related thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Sections 839,  840,  and  841  of  the  executive  law  are
     2  REPEALED  and  three new sections 839, 840, and 841 are added to read as
     3  follows:
     4    § 839. Police training council. 1. There is hereby created within  the
     5  office  of public safety within the division, a police training council,
     6  to be administered by  the  deputy  commissioner  for  criminal  justice
     7  services,  and  composed of nine members who are law enforcement profes-
     8  sionals representing academic, legal, supervisory, law enforcement labor
     9  organizations as well as community organizations in order  to  elicit  a
    10  wide  cross section of views in determining an appropriate annual train-
    11  ing curriculum for all law enforcement agencies established with  police
    12  officer or peace officer status throughout the state. Such members shall
    13  be selected as follows:
    14    (a) three members appointed by the governor;
    15    (b) two members appointed by the temporary president of the senate;
    16    (c) two members appointed by the speaker of the assembly;
    17    (d) one member appointed by the minority leader of the senate; and
    18    (e) one member appointed by the minority leader of the assembly.
    19    2.  The governor shall designate from among the members of the council
    20  a chairperson who shall serve at the pleasure of the  governor  and  who
    21  shall be compensated for such position.
    22    3.  All  members  of  the  council shall be appointed for terms of two
    23  years, such terms to commence on April first, and expire on March  thir-
    24  ty-first.  Any member chosen to fill a vacancy created otherwise than by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07784-01-5

        S. 5206                             2
 
     1  expiration of term shall be appointed for  the  unexpired  term  of  the
     2  member whom such member is to succeed. Vacancies caused by expiration of
     3  a  term  or  otherwise  shall  be  filled in the same manner as original
     4  appointments. Any member may be reappointed for additional terms.
     5    4.  The  council  shall  continuously  meet, as needed, to perform its
     6  established  duties  to  set  uniform  training  standards  in  policing
     7  throughout  the state. The council's annual training curriculum shall be
     8  published in January of each  calendar  year  so  that  ample  time  and
     9  resources  will afford each agency the ability to complete the mandatory
    10  training curriculum. Upon certification to the  deputy  commissioner  of
    11  criminal  justice services by the agency that all of its law enforcement
    12  employees have been trained in the published curriculum, the commission-
    13  er shall authorize the division of  budget  to  release  any  grants  or
    14  appropriations allotted to the law enforcement agency for the next budg-
    15  et year.
    16    5.  Membership  on  the council shall not constitute the holding of an
    17  office, and members of the council shall not be  required  to  take  and
    18  file  oaths  of office before serving on the council.  The council shall
    19  not have the right to exercise any portion of the sovereign power of the
    20  state.
    21    6. With the exception of the chairperson  as  designated  pursuant  to
    22  subdivision  two  of  this  section,  the  members  of the council shall
    23  receive no compensation for their services but shall  be  allowed  their
    24  actual and necessary expenses incurred in the performance of their func-
    25  tions hereunder.
    26    7.  No  member  of  the council shall be disqualified from holding any
    27  public office or employment, nor shall  such  member  forfeit  any  such
    28  office  or employment, by reason of such member's appointment hereunder,
    29  notwithstanding the provisions of any general,  special  or  local  law,
    30  ordinance or city charter.
    31    §  840.  Functions,  powers  and  duties of council. The council shall
    32  recommend to the commissioner rules  and  regulations  with  respect  to
    33  establishing  a  statewide  mandatory  training  curriculum  for all law
    34  enforcement agencies established with police officer  or  peace  officer
    35  status  throughout the state. Such training curriculum shall include but
    36  not be limited to updates in legislative changes related to laws,  rules
    37  and  regulations  involving  the  law  enforcement profession as well as
    38  police interaction with civilians, use of force, powers  and  procedures
    39  for  arrest,  civil  rights,  policing  tactics and any issue or subject
    40  deemed relevant by the council that  will  enhance  police  professional
    41  standards.
    42    §  841.  Functions, powers and duties of the commissioner with respect
    43  to the council. In addition to the functions, powers and  duties  other-
    44  wise  provided by this article, the commissioner shall, with the general
    45  advice of the council approve a statewide mandatory training  curriculum
    46  for all law enforcement agencies throughout the state.
    47    § 2. This act shall take effect immediately.
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