NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4216
SPONSOR: O'Donnell TITLE OF BILL:
An act to amend the executive law and the criminal procedure law, in
relation to enacting the "police and peace officer licensing act"
PURPOSE OR GENERAL IDEA OF BILL:
To require the licensing of all police and peace officers in New York
State, and establish an independent licensing review board to investi-
gate misconduct and issue penalties on licensees.
SUMMARY OF PROVISIONS:
Section 1 of the bill states the act shall be referred to as the "police
and peace officer licensing act"
Section 2 amends Section 840 of the Executive Law to add two subdivi-
sions requiring the Municipal Police Training Council to establish a
mandatory licensing program for all police and peace officers in New
York State, and grant a five year license to every currently serving
police and peace officer by January 1, 2023. It also requires the Coun-
cil to establish continuing education requirements for license renewals,
and new de-escalation and sensitivity training requirements for new
officers after January 1, 2023.
Section 3 adds a new Section 841-e to the Executive Law that establishes
an Independent Police and Peace Officer Licensing Review Board of seven
members. The board shall investigate misconduct allegations made to the
board against licensed police and peace officers, and is allowed to
revoke or suspend the license of officers who are found to have commit-
ted misconduct. The section also allows the Board to promulgate rules
and regulations defining professional misconduct, and also allows it the
power to hire and executive director and investigators to investigate
misconduct allegations.
Section 4 amends Section 1.20 of the Criminal Procedure Law to require
all police officers be licensed in good standing with the Municipal
Police,Training Council after January 1, 2023.
Section 5 amends Section 2.10 of the Criminal Procedure Law to require
all peace officers to be licensed and in good standing with the Munici-
pal Police Training Council by January 1, 2023.
Section 6 amends Section 840 of the Executive Law to remove subdivision
1(h), requiring the Municipal Police Training Council to establish a
training program for all officers, eliminating the exemption for munici-
palities with a population of over 1 million.
JUSTIFICATION:
The State of New York issues and monitors licenses for a wide variety of
professions, ranging from educators to physicians to hairstylists and
interior designers. If licensed professionals in these fields commit
misconduct, their licenses can be suspended or revoked by a State Board.
However, no such licensing regime exists in New York for police and
peace officers: in New York, almost all disciplinary power is left up to
municipal police departments and agencies that directly employ police
and peace officers, many of which have negotiated contracts that shield
officers from discipline even when they commit serious misconduct.
Thus, police departments rarely punish officers who commit misconduct,
even when the alleged misconduct is serious, violent and independently
substantiated. For example, in 2020, an investigation by ProPublica and
THE CITY found that the Civilian Complaint Review Board had substanti-
ated at least 40 instances of officers using illegal chokeholds in the
years after a police officer killed Eric Garner by using an illegal
chokehold in 2014. Yet none resulted in termination and all officers
were able to continue serving on our streets. Failing to address police
misconduct threatens New Yorkers' public safety, particularly the safety
Black and Brown New Yorkers who are disproportionately killed and harmed
by police misconduct. This legislation would require the Municipal
Police Training Council to issue licenses to all police and peace offi-
cers by January 1, 2023, and establish continuing education requirements
in de-escalation and cultural competency. It would also then create an
Independent Police and Peace Officer Licensing Review Board that would
investigate complaints of misconduct, and issue penalties, including
license suspension and revocation, similar to how Boards of Regents
handle misconduct complaints for other professions. Officers would no
longer be able to serve as police and peace officers for any agency or
municipality in the State of New York if their licenses are suspended or
revoked.
PRIOR LEGISLATIVE HISTORY:
A.5417 (2021-22)
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
Effective 90 days after becoming law.
STATE OF NEW YORK
________________________________________________________________________
4216
2023-2024 Regular Sessions
IN ASSEMBLY
February 13, 2023
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law and the criminal procedure law, in
relation to enacting the "police and peace officer licensing act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "police and peace officer licensing act".
3 § 2. Section 840 of the executive law is amended by adding two new
4 subdivisions 8 and 9 to read as follows:
5 8. The council shall, in addition:
6 (a) Establish and implement a mandatory licensing program for all
7 current and new police officers and peace officers in the state.
8 (b) All current and new police officers and peace officers in the
9 state shall be licensed pursuant to this subdivision by January first,
10 two thousand twenty-five.
11 (c) Every license issued pursuant to this subdivision shall remain in
12 effect, unless revoked or suspended, for a period of five years and
13 shall be renewed, in a manner established by the council, in order to
14 continue employment as a police officer or peace officer in the state.
15 (d) Promulgate rules and regulations with respect to the establishment
16 and implementation on an ongoing basis of a continuing education program
17 for all current and new police officers regarding the policies and
18 procedures established pursuant to this subdivision, along with proce-
19 dures and policies for periodic retraining of police officers.
20 9. The council shall, in addition:
21 (a) Develop, maintain and disseminate a continuing education program
22 for all current and new police officers and peace officers in the state.
23 (b) Such continuing education program shall include license renewal
24 requirements, pursuant to paragraph (c) of subdivision eight of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08546-01-3
A. 4216 2
1 section, including the sensitivity and de-escalation training pursuant
2 to paragraph (h-1) of subdivision one of this section.
3 (c) Promulgate rules and regulations with respect to the establishment
4 and implementation on an ongoing basis of a continuing education program
5 for all current and new police officers regarding the policies and
6 procedures established pursuant to this subdivision, along with proce-
7 dures and policies for periodic retraining of police officers.
8 § 3. The executive law is amended by adding a new section 841-e to
9 read as follows:
10 § 841-e. Independent police and peace officer licensing review board.
11 1. There is hereby created within the division an independent police and
12 peace officer licensing review board composed of seven members, who
13 shall be selected as follows:
14 (a) three shall be appointed by the governor;
15 (b) one shall be appointed by the temporary president of the senate;
16 (c) one shall be appointed by the speaker of the assembly; and
17 (d) two shall be appointed by the attorney general.
18 2. The governor shall designate from among the members of the council
19 a chairman who shall serve during the pleasure of the governor.
20 3. All members of the council shall be appointed for terms of two
21 years, such terms to commence on April first, and expire on March thir-
22 ty-first. Any member chosen to fill a vacancy created otherwise than by
23 expiration of term shall be appointed for the unexpired term of the
24 member whom he is to succeed. Vacancies caused by expiration of a term
25 or otherwise shall be filled in the same manner as original appoint-
26 ments. Any member may be reappointed for only one additional term.
27 4. The review board shall be permitted to review individual cases
28 pertaining to police and peace officers. In response, the review board
29 may do the following if the board finds that such officer has committed
30 professional misconduct:
31 (a) Issue licensing penalties for professional misconduct;
32 (b) Revoke and/or suspend licenses issued by the municipal police
33 training council;
34 (c) Issue fines;
35 (d) Require such police or peace officer to undergo therapy or treat-
36 ment; and/or
37 (e) Require such police or peace officer to fulfill additional contin-
38 uing education courses.
39 5. The review board shall promulgate, and may from time to time amend,
40 rules and regulations with respect to defining professional misconduct.
41 Such definition shall include excessive force and abuse of power and may
42 include all other acts the review board deems to qualify as professional
43 misconduct.
44 6. The review board shall have the power to issue subpoenas and hire
45 an executive director and investigators to further investigate allega-
46 tions of professional misconduct.
47 § 4. The opening paragraph of subdivision 34 of section 1.20 of the
48 criminal procedure law is amended to read as follows:
49 The following persons, who are licensed in good standing, as of Janu-
50 ary first, two thousand twenty-five, by the municipal police training
51 council pursuant to subdivision eight of section eight hundred forty of
52 the executive law, are police officers:
53 § 5. The opening paragraph of section 2.10 of the criminal procedure
54 law, as added by chapter 843 of the laws of 1980, is amended to read as
55 follows:
A. 4216 3
1 Notwithstanding the provisions of any general, special or local law or
2 charter to the contrary, only the following persons, who are licensed in
3 good standing, as of January first, two thousand twenty-five, by the
4 municipal police training council pursuant to subdivision eight of
5 section eight hundred forty of the executive law, shall have the powers
6 of, and shall be peace officers:
7 § 6. Subdivision 1 of section 840 of the executive law is amended by
8 adding a new paragraph (h-1) to read as follows:
9 (h-1) Establishment and implementation on an ongoing basis, of a
10 training program for all new police officers and peace officers hired on
11 and after January first, two thousand twenty-five, regarding sensitivity
12 and de-escalation training. Such program shall include training on the
13 following areas:
14 (1) handling emergencies and complaints, including but not limited to,
15 those involving victims, witnesses or suspects with mental illness,
16 substance use disorder, trauma history or developmental or intellectual
17 disabilities, which shall include training related to common behaviors
18 and actions exhibited by such individuals, strategies law enforcement
19 officers may use for reducing or preventing the risk of harm and strate-
20 gies that involve the least intrusive means of addressing such inci-
21 dences and individuals while protecting the safety of the law enforce-
22 ment officer and other persons; and
23 (2) practices and techniques related to responding to mass gatherings
24 or protests that shall emphasize de-escalation and minimizing the neces-
25 sity for use of force; and
26 (3) cultural competency on issues regarding race, ethnicity, immi-
27 gration status, sexual orientation and gender identity to help prospec-
28 tive officers learn how to work effectively in diverse communities.
29 § 7. This act shall take effect on the ninetieth day after it shall
30 have become a law. Effective immediately, the addition, amendment and/or
31 repeal of any rule or regulation necessary for the implementation of
32 this act on its effective date are authorized to be made and completed
33 on or before such effective date.
