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.