S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7828

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

Introduced by M. of A. ALESSI -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the penal law, in relation to requiring each county to
  establish a retired police officer firearms qualification course  that
  meets state standards for training and qualifications

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 400.02  to
read as follows:
S 400.02 RETIRED POLICE OFFICER FIREARMS QUALIFICATION COURSE.
  1.  THE POLICE COMMISSIONER, CHIEF OF POLICE OR EQUIVALENT TITLE FOR A
COUNTY IS AUTHORIZED AND DIRECTED TO IMPLEMENT A RETIRED POLICE  OFFICER
FIREARMS QUALIFICATION TRAINING PROGRAM OPEN TO QUALIFIED RETIRED POLICE
OFFICERS WHICH MEETS THE STATE STANDARDS FOR FIREARM TRAINING AND QUALI-
FICATIONS.
  2.  UPON  COMPLETION  OF  THE COURSE, THE RETIRED POLICE OFFICER SHALL
RECEIVE CERTIFICATION.
  3. THE POLICE COMMISSIONER, CHIEF OF POLICE OR EQUIVALENT TITLE  SHALL
SET FORTH TERMS AND CONDITIONS OF THE TRAINING COURSE AND CERTIFICATION,
INCLUDING BUT NOT LIMITED TO:
  (A)  TEACHING COURSE MATERIAL THAT MEETS THE STATE STANDARD FOR TRAIN-
ING AND QUALIFICATIONS;
  (B) REQUIRE THE RETIRED OFFICER TO SUPPLY HIS OR HER OWN AMMUNITION OF
A QUALITY APPROVED FOR USE BY THE COUNTY POLICE DEPARTMENT;
  (C) ISSUE AFTER COMPLETION OF SUCH COURSE A  PHOTOGRAPHIC  IDENTIFICA-
TION  CARD  IDENTIFYING  THE  DATE  OF TRAINING AND THE TYPE OR TYPES OF
WEAPON OR WEAPONS COVERED BY THE CERTIFICATION;
  (D) COLLECT AN INITIAL FEE FROM THE QUALIFIED RETIRED LAW  ENFORCEMENT
OFFICER FOR EACH FIREARM USED IN QUALIFYING; AND
  (E)  COLLECT  AN  ADDITIONAL  FEE FOR EACH PHOTOGRAPHIC IDENTIFICATION
CARD ISSUED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10806-01-9
              

A. 7828                             2

  4. NO ONE SHALL BE AUTHORIZED  TO  OBTAIN  CERTIFICATION  UNDER  THESE
PROVISIONS  IF THEY HAVE NOT MET THE REQUIREMENTS ESTABLISHED IN SECTION
400.00 OF THIS ARTICLE.
  5.  A  "QUALIFIED  RETIRED POLICE OFFICER" IS A POLICE OFFICER DEFINED
PURSUANT TO SUBDIVISION THIRTY-FOUR OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW, WHO UPON SEPARATION FROM THE POLICE DEPARTMENT WAS IMME-
DIATELY ENTITLED TO RECEIVE RETIREMENT BENEFITS UNDER THE PROVISIONS  OF
THE  RETIREMENT  AND SOCIAL SECURITY LAW AND HAS MET THE REQUIREMENTS OF
SECTION 400.00 OF THIS ARTICLE.
  S 2. 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 and directed to be made and  completed  on
or before such effective date.