S T A T E O F N E W Y O R K ________________________________________________________________________ 3000 2013-2014 Regular Sessions I N S E N A T E January 28, 2013 ___________ Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the railroad law, in relation to authorizing voluntary programs for conductors and motormen to carry tasers or electronic stun guns during the performance of his or her duties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision a of section 265.20 of the penal law is amended 2 by adding a new paragraph 17 to read as follows: 3 17. (A) POSSESSION OR USE OF A TASER OR ELECTRONIC STUN GUN BY CONDUC- 4 TORS OR MOTORMEN, AS SUCH TERMS ARE USED IN THE RAILROAD LAW, WHILE 5 PERFORMING RAILROAD DUTIES. 6 (B) FOR THE PURPOSES OF THIS PARAGRAPH THE TERMS "TASER" AND "ELEC- 7 TRONIC STUN GUN" SHALL MEAN ANY DEVICE DESIGNED PRIMARILY AS A WEAPON, 8 THE PURPOSE OF WHICH IS TO STUN, CAUSE MENTAL DISORIENTATION, KNOCK OUT 9 OR PARALYZE A PERSON BY PASSING A HIGH VOLTAGE ELECTRICAL SHOCK TO SUCH 10 PERSON. 11 S 2. The railroad law is amended by adding a new section 65-a to read 12 as follows: 13 S 65-A. USE OF TASERS BY CONDUCTORS AND MOTORMEN. 1. EVERY CONDUCTOR 14 OR MOTORMAN WHO PARTICIPATES IN A PROGRAM TO BE ELIGIBLE TO CARRY A 15 TASER OR STUN GUN IN THE STATE OF NEW YORK MUST SUCCESSFULLY COMPLETE A 16 TRAINING PROGRAM IN THE USE OF DEADLY PHYSICAL FORCE AND TASERS OR ELEC- 17 TRONIC STUN GUNS, WHICH SHALL BE PRESCRIBED BY THE SUPERINTENDENT OF 18 STATE POLICE. 19 2. NO EMPLOYER WHO HAS VOLUNTARILY INCORPORATED INTO ITS ORGANIZATION 20 A PROGRAM TO AUTHORIZE CONDUCTORS AND MOTORMEN TO CARRY TASERS OR STUN 21 GUNS SHALL ALLOW ANY CONDUCTOR OR MOTORMAN IT EMPLOYS TO CARRY OR USE A 22 TASER OR ELECTRONIC STUN GUN DURING ANY PHASE OF SUCH CONDUCTOR OR 23 MOTORMAN'S OFFICIAL DUTIES, WHICH CONSTITUTES ON-DUTY EMPLOYMENT, UNLESS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06089-01-3 S. 3000 2 1 SUCH CONDUCTOR OR MOTORMAN HAS SATISFACTORILY COMPLETED A COURSE OF 2 TRAINING APPROVED BY THE SUPERINTENDENT OF STATE POLICE IN THE USE OF 3 DEADLY PHYSICAL FORCE AND TASERS OR ELECTRONIC STUN GUNS, AND ANNUALLY 4 RECEIVES INSTRUCTION IN DEADLY PHYSICAL FORCE AND THE USE OF TASERS OR 5 ELECTRONIC STUN GUNS AS APPROVED BY THE SUPERINTENDENT OF STATE POLICE. 6 SUCH TRAINING SHALL RELATE TO THE SPECIAL NATURE OF THE DUTIES OF THE 7 CONDUCTORS AND MOTORMEN. 8 3. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THIS 9 SECTION, THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL APPLY TO 10 THE SUPREME COURT FOR AN ORDER DIRECTED TO THE EMPLOYER RESPONSIBLE 11 REQUIRING COMPLIANCE. UPON SUCH APPLICATION, THE COURT MAY ISSUE SUCH 12 ORDER AS MAY BE JUST, AND A FAILURE TO COMPLY WITH THE ORDER OF THE 13 COURT SHALL BE A CONTEMPT OF COURT AND PUNISHABLE AS SUCH. 14 4. EVERY EMPLOYER OF CONDUCTORS OR MOTORMEN SHALL REPORT TO THE SUPER- 15 INTENDENT OF STATE POLICE, IN SUCH FORM AND AT SUCH TIME AS THE SUPER- 16 INTENDENT MAY BY REGULATION REQUIRE, THE NAMES OF ALL CONDUCTORS AND 17 MOTORMEN WHO HAVE SATISFACTORILY COMPLETED ANY OF THE TRAINING REQUIRE- 18 MENTS PRESCRIBED BY THIS SECTION. 19 5. A CERTIFICATE ATTESTING TO SATISFACTORY COMPLETION OF THE TRAINING 20 REQUIREMENTS IMPOSED UNDER THIS SECTION AWARDED TO ANY CONDUCTOR OR 21 MOTORMAN PURSUANT TO THIS SECTION SHALL REMAIN VALID: 22 (A) DURING THE HOLDER'S CONTINUOUS SERVICE AS A CONDUCTOR OR MOTORMAN; 23 AND 24 (B) FOR TWO YEARS AFTER THE DATE OF THE COMMENCEMENT OF AN INTER- 25 RUPTION IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO SUCH 26 INTERRUPTION, SERVED AS A CONDUCTOR OR MOTORMAN FOR LESS THAN TWO 27 CONSECUTIVE YEARS; OR 28 (C) FOR FOUR YEARS AFTER THE DATE OF THE COMMENCEMENT OF AN INTER- 29 RUPTION IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO SUCH 30 INTERRUPTION, SERVED AS A CONDUCTOR OR MOTORMAN FOR TWO CONSECUTIVE 31 YEARS OR LONGER. 32 6. FOR THE PURPOSES OF THIS SECTION: 33 (A) THE TERM "INTERRUPTION" SHALL MEAN A PERIOD OF SEPARATION FROM 34 EMPLOYMENT AS A CONDUCTOR OR MOTORMAN BY REASON OF SUCH CONDUCTOR'S OR 35 MOTORMAN'S LEAVE OF ABSENCE, RESIGNATION OR REMOVAL, OTHER THAN REMOVAL 36 FOR CAUSE; AND 37 (B) THE TERMS "TASER" AND "ELECTRONIC STUN GUN" SHALL MEAN ANY DEVICE 38 DESIGNED PRIMARILY AS A WEAPON, THE PURPOSE OF WHICH IS TO STUN, CAUSE 39 MENTAL DISORIENTATION, KNOCK OUT OR PARALYZE A PERSON BY PASSING A HIGH 40 VOLTAGE ELECTRICAL SHOCK TO SUCH PERSON. 41 S 3. This act shall take effect on the one hundred twentieth day after 42 it shall have become a law. Effective immediately, the addition, amend- 43 ment and/or repeal of any rule or regulation necessary for the implemen- 44 tation of this act on its effective date is authorized to be made on or 45 before such date.