Relates to providing for a refresher course for peace officers who have had an interruption in continuous service for less than ten years.
Ayes (54): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (4): Hoylman, Krueger, Perkins, Squadron
Excused (3): Diaz, Espaillat, Hassell-Thomps
TITLE OF BILL: An act to amend the criminal procedure law, in relation to providing for a refresher course for peace officers who have had an interruption in continuous service for less than ten years
Purpose of the Bill:
This bill would amend the Criminal Procedure Law (CPL) to provide for a refresher course for peace officers who have had an interruption in continuous service of less than ten years.
Summary of Provisions:
Section one of the would bill amend CPL § 2.30(6) to allow a peace officer, who has had an interruption in continuous services for less than ten years, to complete an approved peace officer refresher course as prescribed by the municipal police training council.
Section two of the bill provides the effective date.
Currently, a peace officer who has had an interruption in continuous service for more than four years would be required to retake the entire mandated basic training course in order to be appointed as appointed as a peace officer.
Prior Legislative History:
This is a new bill.
Statement in Support:
CPL § 2.30(6) sets forth the basic training requirements for peace officers. A similar provision of the General Municipal Law pertaining to police officers allows a police officer who has had an interruption in continuous service for less than ten years, to take a refresher course instead of having to retake the entire basic training course. Chapter 491 of the Laws of 2010 amended the CPL by increasing the maximum number of hours the Municipal Police Training Council could prescribe for peace officer basic training from 35 to 180 hours. Before the enactment of that law, the mandated basic peace officer training consisted of 10 hours for part-time peace officers and 35 hours for full-time peace officers.
On June 1, 2011, the Municipal Police Training Council approved proposed enhancements to the Basic Course for Peace Officers to provide for a minimum of 99 hours of instruction. Thus, before June 1, 2011, retaking these courses was not burdensome for peace officers whose service was interrupted for an extended length of time. However, the expanded hours of training has caused the retaking of these courses to become burdensome. Additionally, police officers, who have greater powers of investigation, arrest and detention have the benefit of just taking a refresher course. This proposed amendment will permit peace officers who have had an interruption in continuous service of less than ten years take a refresher course to remain
certified, and it will allow municipalities to hire qualified persons without unnecessary expense.
This bill would take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 7023 IN SENATE April 16, 2014 ___________Introduced by Sen. NOZZOLIO -- (at request of the Division of Criminal Justice Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to providing for a refresher course for peace officers who have had an interruption in continuous service for less than ten years THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 2.30 of the criminal procedure law, as amended by chapter 491 of the laws of 2010, is amended to read as follows: 6. A certificate attesting to satisfactory completion of the training requirements imposed under this section awarded to any peace officer by the executive director of the municipal police training council pursuant to this section shall remain valid: (a) during the holder's continuous service as a peace officer; and (b) for two years after the date of the commencement of an inter- ruption in such service where the holder had, immediately prior to such interruption, served as a peace officer for less than two consecutive years; or (c) for four years after the date of the commencement of an inter- ruption in such service where the holder had, immediately prior to such interruption, served as a peace officer for two consecutive years or longer; OR (D) WHERE THE HOLDER, WHOSE INTERRUPTION IN CONTINUOUS SERVICE AS A PEACE OFFICER OR AS A POLICE OFFICER DOES NOT EXCEED TEN YEARS, HAS SATISFACTORILY COMPLETED AN APPROVED PEACE OFFICER REFRESHER COURSE, AS PRESCRIBED BY THE MUNICIPAL POLICE TRAINING COUNCIL. As used in this subdivision, the term "interruption" shall mean a period of separation from employment as a peace officer by reason of such officer's leave of absence, resignation or removal, other than removal for cause. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, the commissioner of the division of criminal justice services is authorized and directed to promulgate any rules and regulations necessary to implement the provisions of this act on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13898-02-4