Bill Text: NY S01400 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to providing increased and uniform training requirements including implicit bias, use of force, first aid and firearm training, and outreach for law enforcement; establishes law enforcement peer support through the office of mental health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-09 - REFERRED TO CODES [S01400 Detail]
Download: New_York-2025-S01400-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1400 2025-2026 Regular Sessions IN SENATE January 9, 2025 ___________ Introduced by Sen. SANDERS -- 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 providing increased and uniform training requirements and outreach for law enforcement; and to amend the mental hygiene law, in relation to administering law enforcement peer support The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 2 of paragraph (d) of subdivision 4 of section 2 840 of the executive law, as added by section 1 of part ZZ of chapter 55 3 of the laws of 2019, is amended and a new subparagraph 5 is added to 4 read as follows: 5 (2) The model law enforcement use of force policy shall include, but 6 is not limited to: 7 (i) information on current law as it relates to the use of force by 8 police and peace officers; 9 (ii) guidelines regarding when use of force is permitted and requiring 10 such force to be reasonable; 11 (iii) requirements for reporting and documenting use of force; 12 (iv) procedures for reporting to a supervisor and investigating use of 13 force incidents; 14 (v) guidelines regarding excessive use of force including duty to 15 intervene when appropriate and safe, reporting, and timely medical 16 treatment for injured persons, including immediate medical aid to 17 gunshot victims, including victims injured during an officer-involved 18 shooting; 19 (vi) standards for failure to adhere to use of force guidelines; 20 (vii) training mandates on use of force, conflict prevention, conflict 21 resolution and negotiation, de-escalation techniques and strategies, 22 including, but not limited to, interacting with persons presenting in an 23 agitated condition; [and] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04279-01-5S. 1400 2 1 (viii) prohibited uses of force[.]; 2 (ix) training mandates on first-aid procedures including the use of 3 tourniquets and QuikClot in addition to annual CPR and AED training; 4 (x) requirements for de-escalation by officers without compromising 5 safety; and 6 (xi) guidelines for holding officers accountable to use sound tactics, 7 including, but not limited to, time, distance and cover, to reduce the 8 need to use force. 9 (5) Establish in conjunction with the division of state police and 10 regularly update a data collection and reporting system for the purpose 11 of tracking all officer-involved deadly force encounters. Such deadly 12 force encounters and uses of force resulting in serious bodily injury 13 shall also be reported to the bureau of criminal apprehension for inclu- 14 sion in the FBI's national use-of-force database. 15 § 2. Paragraph (a) of subdivision 5 of section 840 of the executive 16 law, as added by section 4 of part JJ of chapter 57 of the laws of 2018, 17 is amended to read as follows: 18 (a) Develop, maintain and disseminate, in consultation with the 19 commissioner of the office for people with developmental disabilities 20 and in consultation with individuals with developmental, physical or 21 intellectual disabilities, written policies and procedures consistent 22 with section 13.43 of the mental hygiene law, as added by section 1 of 23 part JJ of chapter 57 of the laws of 2018, regarding the handling of 24 emergency situations involving individuals with autism spectrum disorder 25 and other developmental, physical or intellectual disabilities. Such 26 policies and procedures shall make provisions for the education and 27 training of new and veteran police officers on the handling of emergency 28 situations involving individuals with autism spectrum disorder and other 29 developmental, physical or intellectual disabilities; and 30 § 3. Section 840 of the executive law is amended by adding a new 31 subdivision 8 to read as follows: 32 8. The council, in conjunction with the office of public safety, shall 33 ensure compliance with mandatory training requirements pursuant to 34 section eight hundred thirty-nine-a of this article by all training 35 academies, police departments in this state and all agencies that employ 36 police or peace officers. 37 § 4. The executive law is amended by adding a new section 839-a to 38 read as follows: 39 § 839-a. Mandatory trainings. 1. The office of public safety shall 40 develop, regularly update and maintain trainings to be administered by 41 law enforcement and training academies to all prospective and current 42 police officers and peace officers, as defined under section eight 43 hundred thirty-five of this article; provided, however, any individual 44 specifically excluded from the definition of police officer under subdi- 45 vision seven of section eight hundred thirty-five of this article shall 46 be included for the purposes of this section. 47 2. Trainings regarding contemporary law enforcement topics shall be 48 developed, with expert and community input, including, but not limited 49 to youth individuals of color. Such training topics shall include, but 50 not be limited to: 51 (a) implicit bias, including implicit racial bias testing which shall 52 include testing for bias in shoot/don't shoot decision-making and a 53 clear policy for considering an officer's level of racial bias in law 54 enforcement certification and the hiring process; if it is determined 55 that a prospective police officer or peace officer's bias is such thatS. 1400 3 1 such officer cannot be deployed in a community of color, such officer 2 shall not be hired; 3 (b) de-escalation, minimization of the use of force and defensive 4 tactics; 5 (c) procedural justice; 6 (d) historical community trauma; 7 (e) relationship-based policing; 8 (f) community interaction and diversity; 9 (g) crisis intervention, mental health crises, mediation, conflict 10 management and conflict resolution; 11 (h) appropriate engagement with youth; 12 (i) appropriate engagement with lesbian, gay, bisexual, transgender, 13 questioning and gender nonconforming individuals; 14 (j) appropriate engagement with individuals with limited English 15 proficiency; 16 (k) appropriate engagement with individuals with various religious 17 affiliations; and 18 (l) appropriate engagement with individuals with developmental, phys- 19 ical or intellectual disabilities. 20 3. Trainings regarding the proper use of firearms and defensive 21 tactics used to de-escalate and properly detain suspects shall be devel- 22 oped and administered on a monthly basis. 23 4. Implementation of the requirements of this section shall include 24 scenario-based trainings. Such trainings shall require all participating 25 individuals to engage in simulated real life situations to ensure when 26 such individual is faced with such situation in the field, such individ- 27 ual's response is in accordance with the requirements and guidelines set 28 forth in this section. Such scenario-based trainings shall be adminis- 29 tered at a minimum, quarterly. 30 § 5. Section 837 of the executive law is amended by adding two new 31 subdivisions 24 and 25 to read as follows: 32 24. Work in conjunction with the division of state police and the 33 office of mental health to establish law enforcement peer support 34 services pursuant to section 7.51 of the mental hygiene law. The divi- 35 sion shall provide all police officers and peace officers unfettered 36 access to mental health checks. 37 25. Require every law enforcement agency to determine the amount of 38 additional funding necessary to provide for and enforce the provisions 39 of subdivision twenty-four of this section and sections eight hundred 40 thirty-nine-a and eight hundred forty of this article. Such information 41 shall be provided to the division no later than one hundred twenty days 42 after the effective date of this subdivision. No later than ninety days 43 after such data is compiled, the division shall provide the governor and 44 the legislature with a comprehensive report on the amount of additional 45 funding needed to ensure such provisions of law are adequately instilled 46 and enforced by each law enforcement agency located within the state. 47 § 6. Section 210 of the executive law, as amended by chapter 169 of 48 the laws of 1994, is amended to read as follows: 49 § 210. Division of state police. 1. The division of state police in 50 the executive department shall be known as the "New York State Police." 51 The head of the New York state police shall be the superintendent of 52 state police who shall be appointed by the governor by and with the 53 advice and consent of the senate[, and hold office during his or her54pleasure]. The superintendent shall be a member of the state police, 55 shall receive as salary such sum as may be appropriated by law, and 56 shall accrue such leave credits and be eligible for the same retirementS. 1400 4 1 benefits, service credits and other benefits as any other member of the 2 state police. If, prior to appointment, the superintendent served as a 3 member of the state police, [he or she] such superintendent, upon 4 appointment, shall be entitled to continue to accrue and receive such 5 credits and benefits as [he or she] they would have been entitled to 6 accrue and receive prior to appointment. 7 2. If, prior to [his or her] their appointment, the superintendent 8 shall have served as a member of the State Police for a period of ten 9 years or more, [he or she] such superintendent shall, provided [he or10she is] they are not eligible for retirement, upon termination of 11 service as superintendent, be reappointed, without examination, as a 12 member of the state police in the grade held by [him or her] them prior 13 to appointment as superintendent, notwithstanding the absence of any 14 vacancy in such grade. For the purpose of determining the annual salary 15 to be paid upon such reappointment, the period of service as superinten- 16 dent shall be counted as service in the grade to which reappointed. 17 3. The division shall ensure compliance with mandatory training 18 requirements pursuant to sections two hundred ten-a, two hundred four- 19 teen-e, and two hundred fourteen-f of this article by all training 20 schools or academies, including those established pursuant to section 21 two hundred fourteen of this article, and by all current members of the 22 state police. 23 4. Work in conjunction with the division of criminal justice services 24 and the office of mental health to establish law enforcement peer 25 support services pursuant to section 7.51 of the mental hygiene law. The 26 division shall provide all members unfettered access to mental health 27 checks. 28 5. The superintendent shall determine the amount of additional funding 29 necessary to provide for and enforce the provisions of subdivision four 30 of this section and sections two hundred ten-a, two hundred fourteen-e, 31 and two hundred fourteen-f of this article. Such information shall be 32 compiled no later than one hundred twenty days after the effective date 33 of this subdivision. No later than ninety days after such data is 34 compiled, the division shall provide the governor and the legislature 35 with a comprehensive report on the amount of additional funding needed 36 to ensure such provisions of law are adequately instilled and enforced 37 by the division. 38 § 7. The executive law is amended by adding a new section 210-a to 39 read as follows: 40 § 210-a. Mandatory trainings. 1. The division shall develop, regularly 41 update and maintain trainings to be administered by law enforcement and 42 training academies, in consultation with the office of public safety, to 43 all prospective and current members of the division. 44 2. Trainings regarding contemporary law enforcement topics shall be 45 developed, with expert and community input, including, but not limited 46 to youth individuals of color. Such training topics shall include, but 47 not be limited to: 48 (a) implicit bias, including implicit racial bias testing which shall 49 include testing for bias in shoot/don't shoot decision-making and a 50 clear policy for considering a member's level of racial bias in law 51 enforcement certification and the hiring process; if it is determined 52 that a prospective police officer or peace officer's bias is such that 53 such officer cannot be deployed in a community of color, such officer 54 shall not be hired; 55 (b) de-escalation, minimization of the use of force and defensive 56 tactics;S. 1400 5 1 (c) procedural justice; 2 (d) historical community trauma; 3 (e) relationship-based policing; 4 (f) community interaction and diversity; 5 (g) crisis intervention, mental health crises, mediation, conflict 6 management and conflict resolution; 7 (h) appropriate engagement with youth; 8 (i) appropriate engagement with lesbian, gay, bisexual, transgender, 9 questioning and gender nonconforming individuals; 10 (j) appropriate engagement with individuals with limited English 11 proficiency; 12 (k) appropriate engagement with individuals with various religious 13 affiliations; and 14 (l) appropriate engagement with individuals with developmental, phys- 15 ical or intellectual disabilities. 16 3. Trainings regarding the proper use of firearms and defensive 17 tactics used to de-escalate and properly detain suspects shall be devel- 18 oped and administered on a monthly basis. 19 4. Implementation of the requirements of this section shall include 20 scenario-based trainings. Such trainings shall require all participating 21 individuals to engage in simulated real life situations to ensure when 22 such individual is faced with such situation in the field, such individ- 23 ual's response is in accordance with the requirements and guidelines set 24 forth in this section. Such scenario-based trainings shall be adminis- 25 tered at a minimum, quarterly. 26 § 8. The executive law is amended by adding a new section 210-b to 27 read as follows: 28 § 210-b. Use of force division policies. 1. The division shall estab- 29 lish a mandatory use of force policy, which shall include, but not be 30 limited to: 31 (a) information on current law as it relates to the use of force by 32 members; 33 (b) guidelines regarding when use of force is permitted and requiring 34 such force to be reasonable; 35 (c) requirements for reporting and documenting use of force; 36 (d) procedures for reporting to a supervisor and investigating use of 37 force incidents; 38 (e) guidelines regarding excessive use of force including duty to 39 intervene when appropriate and safe, reporting, and timely medical 40 treatment for injured persons, including immediate medical aid to 41 gunshot victims, including victims injured during an officer-involved 42 shooting; 43 (f) standards for failure to adhere to use of force guidelines; 44 (g) training mandates on use of force, conflict prevention, conflict 45 resolution and negotiation, de-escalation techniques and strategies, 46 including, but not limited to, interacting with persons presenting in an 47 agitated condition; 48 (h) prohibited uses of force; 49 (i) training mandates on first-aid procedures including the use of 50 tourniquets and QuikClot in addition to annual CPR and AED training 51 pursuant to section two hundred fourteen-e of this article; 52 (j) requirements for de-escalation by members without compromising 53 safety; and 54 (k) guidelines for holding members accountable to use sound tactics, 55 including, but not limited to, time, distance and cover, to reduce the 56 need to use force.S. 1400 6 1 2. The division shall establish in conjunction with the division of 2 criminal justice services and regularly update a data collection and 3 reporting system for the purpose of tracking all officer-involved deadly 4 force encounters. Such deadly force encounters and uses of force result- 5 ing in serious bodily injury shall also be reported to the bureau of 6 criminal apprehension for inclusion in the FBI's national use-of-force 7 database. 8 § 9. Section 214-e of the executive law, as added by chapter 271 of 9 the laws of 2017, is amended to read as follows: 10 § 214-e. Cardiopulmonary resuscitation and AED training and retrain- 11 ing. 1. For the purposes of this section, "cardiopulmonary resusci- 12 tation" shall have the same meaning as provided in subdivision six of 13 section six hundred twenty-one of the general business law and "AED" 14 shall mean automated external defibrillator. 15 2. Each member of the division of state police shall be: 16 (a) trained in cardiopulmonary resuscitation and the use of an AED 17 during the training process to become a trooper; 18 (b) retrained in cardiopulmonary resuscitation and the use of an AED 19 every [two years] year; and 20 (c) required to demonstrate the satisfactory completion of training in 21 cardiopulmonary resuscitation and the use of an AED. 22 § 10. Subdivision 1 of section 214-f of the executive law, as added by 23 section 5 of part JJ of chapter 57 of the laws of 2018, is amended to 24 read as follows: 25 1. Develop, maintain and disseminate, in consultation with the commis- 26 sioner of the office for people with developmental disabilities and in 27 consultation with individuals with developmental, physical or intellec- 28 tual disabilities, written policies and procedures consistent with 29 section 13.43 of the mental hygiene law, as added by section 1 of part 30 JJ of chapter 57 of the laws of 2018, regarding the handling of emergen- 31 cy situations involving individuals with autism spectrum disorder and 32 other developmental, physical or intellectual disabilities. Such poli- 33 cies and procedures shall make provisions for the education and training 34 of new and veteran police officers on the handling of emergency situ- 35 ations involving individuals with developmental, physical or intellectu- 36 al disabilities; and 37 § 11. The mental hygiene law is amended by adding a new section 7.51 38 to read as follows: 39 § 7.51 Law enforcement peer support. 40 (a) The commissioner, in conjunction with the commissioner of the 41 division of criminal justice services and the superintendent of the 42 division of state police, shall develop and establish regional or county 43 based peer support services programs for all police officers in the 44 state. Services provided by the recognized or certified peer support 45 services program shall include, but not be limited to, peer counseling 46 techniques for mental illness including post-traumatic stress disorder, 47 critical incident stress management, alcohol and substance abuse coun- 48 seling, family support services, domestic violence, mental health, child 49 care, physical health and wellness, and legal issues. 50 (b) The commissioner shall foster programs for the training and devel- 51 opment of persons capable of providing the services set forth in this 52 section, including, but not limited to, a process of issuing, either 53 directly or through contract, credentials for recognized or certified 54 peer counselors in accordance with the following: 55 (1) The office shall establish minimum qualifications for recognized 56 or certified peer counselors in all phases of delivery of services toS. 1400 7 1 officers who are evaluated and certified or recognized by the department 2 on factors including, but not limited to, completion of approved courses 3 of study or equivalent on-the-job experience in mental health counseling 4 and/or alcoholism and substance abuse counseling or other credentials 5 established or recognized by the department and/or the division of crim- 6 inal justice services and the division of state police; and 7 (2) The office shall establish procedures for issuing, directly or 8 through contract, credentials to certified peer counselors who meet 9 minimum qualifications, and shall further establish procedures to 10 suspend, revoke, or annul such credentials for good cause. 11 § 12. This act shall take effect immediately.
