N.Y. Criminal Procedure Law § 2.30: Training requirements for peace officers

§ 2.30 Training requirements for peace officers.

1. Every peace officer in the state of New York must successfully

complete a training program, a portion of which shall be prescribed by

the municipal police training council and a portion of which shall be

prescribed by his or her employer. The portion prescribed by the

municipal police training council shall be comprised of subjects, and

the hours each is to be taught, that shall be required of all types or

classes of peace officers. The hours of instruction required by the

municipal police training council shall not exceed one hundred eighty,

unless a greater amount is either required by law or regulation, or is

requested by the employer.

The segment prescribed by the employer for its employees shall be

comprised of subjects, and the hours each is to be taught, relating to

the special nature of the duties of the peace officers employed by it

provided, however, that when the subjects prescribed by the employer are

identical to the subjects in the training program required by the

municipal police training council, the employer shall not be required to

provide duplicate training for those subjects.

2. Each state or local agency, unit of local government, state or

local commission, or public authority, or public or private organization

which employs peace officers shall provide the training mandated by this

section, the cost of which will be borne by the employer. Each peace

officer satisfactorily completing the course prescribed by the municipal

police training council shall be awarded a certificate by the division

of criminal justice services attesting to that effect, and no person

appointed as a peace officer shall exercise the powers of a peace

officer, unless he or she has received such certification within twelve

months of appointment.

3. No employer shall allow any peace officer it employs to carry or

use a weapon during any phase of the officer's official duties, which

constitutes on-duty employment, unless the officer has satisfactorily

completed a course of training approved by the municipal police training

council in the use of deadly physical force and firearms and other

weapons, and annually receives instruction in deadly physical force and

the use of firearms and other weapons as approved by the municipal

police training council.

4. Upon the failure or refusal to comply with the requirements of this

section, the commissioner of the division of criminal justice services

shall apply to the supreme court for an order directed to the person

responsible requiring compliance. Upon such application, the court may

issue such order as may be just, and a failure to comply with the order

of the court shall be a contempt of court and punishable as such.

5. Every employer of peace officers shall report to the division of

criminal justice services, in such form and at such time as the division

may by regulation require, the names of all peace officers who have

satisfactorily completed any of the training requirements prescribed by

this section.

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

interruption 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

interruption in such service where the holder had, immediately prior to

such interruption, served as a peace officer for two consecutive years

or longer.

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.