S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3000--A
                              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  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the  penal  law and the railroad law, in relation to
         authorizing voluntary programs for conductors and  motormen  to  carry
         tasers,  electronic  stun  guns  or  dazer-taser  computer  controlled
         optical distractors 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. THE TERM DAZER-TASER SHALL MEAN ANY DEVICE DESIGNED PRIMARILY AS
   11  A WEAPON, THE PURPOSE OF WHICH IS TO CAUSE  A  TRANSITORY  REDUCTION  OF
   12  VISUAL ACUITY, ELIMINATING THE THREAT'S ABILITY TO SEE, ENGAGE OR EFFEC-
   13  TIVELY TARGET THE OPERATOR.
   14    S  2. The railroad law is amended by adding a new section 65-a to read
   15  as follows:
   16    S 65-A. USE OF TASERS, ELECTRONIC STUN GUNS OR DAZER-TASERS BY CONDUC-
   17  TORS AND MOTORMEN.  1. EVERY CONDUCTOR OR MOTORMAN WHO PARTICIPATES IN A
   18  PROGRAM TO BE ELIGIBLE TO CARRY A TASER, STUN GUN OR DAZER-TASER IN  THE
   19  STATE  OF  NEW YORK MUST SUCCESSFULLY COMPLETE A TRAINING PROGRAM IN THE
   20  USE OF DEADLY PHYSICAL FORCE AND TASERS, ELECTRONIC STUN GUNS OR  DAZER-
   21  TASERS, WHICH SHALL BE PRESCRIBED BY THE SUPERINTENDENT OF STATE POLICE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06089-03-3
       S. 3000--A                          2
    1    2.  NO EMPLOYER WHO HAS VOLUNTARILY INCORPORATED INTO ITS ORGANIZATION
    2  A PROGRAM TO AUTHORIZE CONDUCTORS AND MOTORMEN  TO  CARRY  TASERS,  STUN
    3  GUNS OR DAZER-TASERS SHALL ALLOW ANY CONDUCTOR OR MOTORMAN IT EMPLOYS TO
    4  CARRY  OR  USE  A  TASER,  ELECTRONIC STUN GUN OR DAZER-TASER DURING ANY
    5  PHASE OF SUCH CONDUCTOR OR MOTORMAN'S OFFICIAL DUTIES, WHICH CONSTITUTES
    6  ON-DUTY EMPLOYMENT, UNLESS SUCH CONDUCTOR OR MOTORMAN HAS SATISFACTORILY
    7  COMPLETED  A  COURSE OF TRAINING APPROVED BY THE SUPERINTENDENT OF STATE
    8  POLICE IN THE USE OF DEADLY PHYSICAL FORCE AND TASERS,  ELECTRONIC  STUN
    9  GUNS  OR DAZER-TASERS, AND ANNUALLY RECEIVES INSTRUCTION IN DEADLY PHYS-
   10  ICAL FORCE AND THE USE OF TASERS, ELECTRONIC STUN GUNS  OR  DAZER-TASERS
   11  AS  APPROVED  BY THE SUPERINTENDENT OF STATE POLICE. SUCH TRAINING SHALL
   12  RELATE TO THE SPECIAL NATURE OF THE DUTIES OF THE CONDUCTORS AND  MOTOR-
   13  MEN.
   14    3. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THIS
   15  SECTION,  THE  ATTORNEY  GENERAL OF THE STATE OF NEW YORK SHALL APPLY TO
   16  THE SUPREME COURT FOR AN ORDER  DIRECTED  TO  THE  EMPLOYER  RESPONSIBLE
   17  REQUIRING  COMPLIANCE.  UPON  SUCH APPLICATION, THE COURT MAY ISSUE SUCH
   18  ORDER AS MAY BE JUST, AND A FAILURE TO COMPLY  WITH  THE  ORDER  OF  THE
   19  COURT SHALL BE A CONTEMPT OF COURT AND PUNISHABLE AS SUCH.
   20    4. EVERY EMPLOYER OF CONDUCTORS OR MOTORMEN SHALL REPORT TO THE SUPER-
   21  INTENDENT  OF  STATE POLICE, IN SUCH FORM AND AT SUCH TIME AS THE SUPER-
   22  INTENDENT MAY BY REGULATION REQUIRE, THE NAMES  OF  ALL  CONDUCTORS  AND
   23  MOTORMEN  WHO HAVE SATISFACTORILY COMPLETED ANY OF THE TRAINING REQUIRE-
   24  MENTS PRESCRIBED BY THIS SECTION.
   25    5. A CERTIFICATE ATTESTING TO SATISFACTORY COMPLETION OF THE  TRAINING
   26  REQUIREMENTS  IMPOSED  UNDER  THIS  SECTION  AWARDED TO ANY CONDUCTOR OR
   27  MOTORMAN PURSUANT TO THIS SECTION SHALL REMAIN VALID:
   28    (A) DURING THE HOLDER'S CONTINUOUS SERVICE AS A CONDUCTOR OR MOTORMAN;
   29  AND
   30    (B) FOR TWO YEARS AFTER THE DATE OF  THE  COMMENCEMENT  OF  AN  INTER-
   31  RUPTION  IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO SUCH
   32  INTERRUPTION, SERVED AS A  CONDUCTOR  OR  MOTORMAN  FOR  LESS  THAN  TWO
   33  CONSECUTIVE YEARS; OR
   34    (C)  FOR  FOUR  YEARS  AFTER THE DATE OF THE COMMENCEMENT OF AN INTER-
   35  RUPTION IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO  SUCH
   36  INTERRUPTION,  SERVED  AS  A  CONDUCTOR  OR MOTORMAN FOR TWO CONSECUTIVE
   37  YEARS OR LONGER.
   38    6. FOR THE PURPOSES OF THIS SECTION:
   39    (A) THE TERM "INTERRUPTION" SHALL MEAN A  PERIOD  OF  SEPARATION  FROM
   40  EMPLOYMENT  AS  A CONDUCTOR OR MOTORMAN BY REASON OF SUCH CONDUCTOR'S OR
   41  MOTORMAN'S LEAVE OF ABSENCE, RESIGNATION OR REMOVAL, OTHER THAN  REMOVAL
   42  FOR CAUSE; AND
   43    (B)  THE TERMS "TASER" AND "ELECTRONIC STUN GUN" SHALL MEAN ANY DEVICE
   44  DESIGNED PRIMARILY AS A WEAPON, THE PURPOSE OF WHICH IS TO  STUN,  CAUSE
   45  MENTAL  DISORIENTATION, KNOCK OUT OR PARALYZE A PERSON BY PASSING A HIGH
   46  VOLTAGE ELECTRICAL SHOCK TO SUCH PERSON.
   47    (C) THE TERM "DAZER-TASER" SHALL MEAN ANY DEVICE DESIGNED PRIMARILY AS
   48  A WEAPON, THE PURPOSE OF WHICH IS TO CAUSE  A  TRANSITORY  REDUCTION  OF
   49  VISUAL ACUITY, ELIMINATING THE THREAT'S ABILITY TO SEE, ENGAGE OR EFFEC-
   50  TIVELY TARGET THE OPERATOR.
   51    S 3. This act shall take effect on the one hundred twentieth day after
   52  it  shall have become a law. Effective immediately, the addition, amend-
   53  ment and/or repeal of any rule or regulation necessary for the implemen-
   54  tation of this act on its effective date is authorized to be made on  or
   55  before such date.