New York State - Executive - EXC - Article 11
ARTICLE 11 DIVISION OF STATE POLICE
Section 210. Division of state police.
211. Employees.
212. Equipment.
213. Acquisition of real property.
214. Establishment of training school.
214-a. Child abuse prevention.
214-b. Family offense intervention.
214-c. Elder abuse awareness.
214-d. Human trafficking awareness.
214-e. Cardiopulmonary resuscitation training and retraining.
214-f. Emergency situations involving people with autism spectrum disorder and other developmental disabilities.
214-g. Opioid antagonist awareness.
214-h. Extreme risk protection orders.
214-h*2. Model law enforcement death notification policy.
215. Organization; salaries; qualifications; appointment; term; rules and regulations.
216. Bureau of criminal investigation.
216-a. Scientific crime detection laboratory.
216-b. Salary increments.
216-c. Holiday compensation.
216-d. Consumer product protection.
217. Communication.
218. Installation, operation and maintenance of basic system; personnel.
219. Availability.
220. Orders, rules or regulations.
221. System of criminal justice information.
221-a. Computer system to carry information of orders of protection and warrants of arrest.
221-b. Reporting to New York state violent crimes analysis program.
221-c. Statewide repository of data relating to unlawful methamphetamine laboratories.
221-d. Discovery of an unlawful methamphetamine laboratory.
222. Radio communication system.
223. Duties and powers of the superintendent of state police and of members of the state police.
224. Verification of complaint.
225. Enforcement of conservation law.
225-a. Lost and found property.
226. Employment of state police in towns, villages, police districts.
227. Disability benefits.
227-a. Death benefits.
228. National instant criminal background checks.
229. Retirement for cause.
230. Gun trafficking interdiction program.
231. Uniform identification cards for retired police officers.
232. Sexual assault victims unit.
233. Municipal gun buyback program.
234. New York state police body-worn cameras program.
235. Firearms safety training, and licensing appeals.
§ 210. Division of state police. The division of state police in the executive department shall be known as the "New York State Police." The head of the New York state police shall be the superintendent of state police who shall be appointed by the governor by and with the advice and consent of the senate, and hold office during his or her pleasure. The superintendent shall be a member of the state police, shall receive as salary such sum as may be appropriated by law, and shall accrue such leave credits and be eligible for the same retirement benefits, service credits and other benefits as any other member of the state police. If, prior to appointment, the superintendent served as a member of the state police, he or she, upon appointment, shall be entitled to continue to accrue and receive such credits and benefits as he or she would have been entitled to accrue and receive prior to appointment.
If, prior to his or her appointment, the superintendent shall have served as a member of the State Police for a period of ten years or more, he or she shall, provided he or she is not eligible for retirement, upon termination of service as superintendent, be reappointed, without examination, as a member of the state police in the grade held by him or her prior to appointment as superintendent, notwithstanding the absence of any vacancy in such grade. For the purpose of determining the annual salary to be paid upon such reappointment, the period of service as superintendent shall be counted as service in the grade to which reappointed.
§ 211. Employees. The superintendent may appoint such employees as may be necessary and fix their compensation within such sum as may be appropriated by law. Persons appointed to competitive positions within the division who meet the definition of veteran or disabled veteran as defined in section eighty-five of the civil service law shall be entitled to additional credit and preference as conferred by that law and in the same manner, except that, notwithstanding any law to the contrary, with respect to any candidate applying for credit in a competitive examination for original appointment as a disabled or non-disabled veteran, such candidate may apply provisionally for such credit while still an active member of the armed forces. The application for provisional credit may be made at any time between the date of his or her application for the competitive examination and the date the eligible list is established. In cases where there has been a provisional application, the superintendent shall grant final credit only if the candidate renews his or her application within ninety days following termination of the candidate's military duty, and the candidate's period of eligibility on the list has not expired, and the candidate satisfies the appropriate statutory requirements for eligibility. Pending the granting of final credit, the candidate's ranking on any eligible list shall reflect the provisional credit.
§ 212. Equipment. The superintendent is authorized on behalf of the state to purchase, lease or lease-purchase, within the amounts appropriated therefor, necessary equipment and supplies, including but not limited to, vehicles and aircraft subject to the approval of the director of the budget, and uniforms; when any state property shall become unfit for use it shall be disposed of in accordance with the provisions of the finance law.
§ 213. Acquisition of real property. 1. The superintendent shall from time to time establish headquarters or substations in such localities as he shall deem most suitable for the efficient performance of police duty in the rural sections of the state, and for that purpose and for other purposes of the division he may, when an appropriation therefor has been made by the legislature, acquire, in the name of the people of the state of New York, by lease, purchase, lease-purchase subject to the approval of such lease-purchase agreement by the director of the budget or, pursuant to the provisions of the eminant domain procedure law, any real property which he may deem necessary therefor; provided, however, that no such real property shall be so acquired by purchase or lease-purchase unless the title thereto shall be approved by the attorney general.
2. Whenever real property is to be acquired pursuant to the eminent domain procedure law, the superintendent shall cause to be made by the state department of transportation an accurate acquisition map.
3. On the approval of such map by the superintendent of the division of state police, the original tracing of such map shall be filed in the main office of the division of state police pursuant to the provisions of the eminent domain procedure law.
4. If the superintendent shall determine, prior to the filing of such map in the office of the clerk or register of the county, that changes, alterations or modifications of such map as filed in the main office of the division of state police should be made, he or she shall, subject to the provisions of article two of the eminent domain procedure law, if applicable, direct the preparation by the department of transportation of an amended map. On the approval of such amended map by the superintendent, it shall be filed in the main office of the division of state police and the amended map shall thereupon in all respects and for all purposes supersede the map previously filed.
5. If the superintendent shall determine, prior to the filing of a copy of such acquisition map in the office of the county clerk or register as provided in section four hundred two of the eminent domain procedure law, that such map should be withdrawn, he or she may file a certificate of withdrawal in the offices of the division of state police and of the department of law. Upon the filing of such certificate of withdrawal, the map to which it refers shall be cancelled and all rights thereunder shall cease and determine.
6. The superintendent shall deliver to the attorney general a copy of such acquisition map, whereupon it shall be the duty of the attorney general to advise and certify to the superintendent the names of the owners of the property, easements, interests or rights described in the said acquisition map, including the owners of any right, title or interest therein pursuant to the requirements of section four hundred three of the eminent domain procedure law.
7. If, at or after the vesting of title to such property in the people of the state of New York as provided for in the eminent domain procedure law, the superintendent shall deem it necessary to cause the removal of an owner or occupant from any real property so acquired, he may cause such owner or occupant to be removed therefrom by proceeding in accordance with section four hundred five of the eminent domain procedure law. The proceeding shall be brought in the name of the superintendent as agent of the state and the attorney general shall represent the petitioner in the proceedings. No execution shall issue for costs, if any, awarded against the state or the superintendent, but they shall be part of the costs of the acquisition of the real property and be paid in like manner. Proceedings may be brought separately against one or more of the owners or occupants of any such property, or one proceeding may be brought against all or several of the owners or occupants of any or all such property within the territorial jurisdiction of the same court, justice or judge; precepts or final orders shall be made for immediate removal of persons defaulting in appearance or in answering, or withdrawing their answers, if any, without awaiting the trial or decision of issues raised by contestants, if any.
8. Upon making any agreement provided for in section three hundred four of the eminent domain procedure law, the superintendent shall deliver to the comptroller such agreement and a certificate stating the amount due such owner or owners thereunder on account of such appropriation of his or their property and the amounts so fixed shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of such real property, but not until there shall have been filed with the comptroller a certificate of the attorney general showing the person or persons claiming the amount so agreed upon to be legally entitled thereto.
9. Application for reimbursement of incidental expenses as provided in section seven hundred two of the eminent domain procedure law shall be made to the superintendent upon forms prescribed by him and shall be accompanied by such information and evidence as the superintendent may require. Upon approval of such application, the superintendent shall deliver a copy thereof to the comptroller together with a certificate stating the amount due thereof, and the amount so fixed shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of property under this section.
10. The commissioner, with the approval of the director of the budget, shall establish and may from time to time amend rules and regulations authorizing the payment of actual reasonable and necessary moving expenses of occupants of property acquired pursuant to this section; of actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not exceeding an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the commissioner; and actual reasonable expenses in searching for a replacement business or farm; or in hardship cases for the advance payment of such expenses and losses. For the purposes of making payment of such expenses and losses only the term "business" means any lawful activity conducted primarily for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. Such rules and regulations may further define the terms used in this subdivision. In lieu of such actual reasonable and necessary moving expenses, any such displaced owner or tenant of residential property may elect to accept a moving expense allowance, plus a dislocation allowance, determined in accordance with a schedule prepared by the commissioner and made a part of such rules and regulations. In lieu of such actual reasonable and necessary moving expenses, any such displaced owner or tenant of commercial property who relocates or discontinues his business or farm operation may elect to accept a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall be not less than two thousand five hundred dollars nor more than ten thousand dollars. In the case of a business, no such fixed relocation payment shall be made unless the commissioner finds and determines that the business cannot be relocated without a substantial loss of its existing patronage, and that the business is not part of a commercial enterprise having at least one other establishment, which is not being acquired by the state or the United States, which is engaged in the same or similar business. In the case of a business which is to be discontinued but for which the findings and determinations set forth above cannot be made, the commissioner may prepare an estimate of what the actual reasonable and necessary moving expenses, exclusive of any storage charges, would be if the business were to be relocated and enter into an agreed settlement with the owner of such business for an amount not to exceed such estimate in lieu of such actual reasonable and necessary moving expenses. Application for payment under this subdivision shall be made to the commissioner upon forms prescribed by him and shall be accompanied by such information and evidence as the commissioner may require. Upon approval of such application, the commissioner shall deliver a copy thereof to the comptroller together with a certificate stating the amount due thereunder, and the amount so fixed shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of property under this section. As used in this subdivision the term "commercial property" shall include property owned by an individual, family, partnership, corporation, association or a nonprofit organization and includes a farm operation. As used in this subdivision the term "business" means any lawful activity, except a farm operation, conducted primarily for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; for the sale of services to the public; or by a nonprofit organization.
11. Authorization is hereby given to the commissioner to make supplemental relocation payments, separately computed and stated, to displaced owners and tenants of residential property acquired pursuant to this section who are entitled thereto, as determined by him. The commissioner, with the approval of the director of the budget, may establish and from time to time amend rules and regulations providing for such supplemental relocation payments. Such rules and regulations may further define the terms used in this subdivision. In the case of property acquired pursuant to this section which is improved by a dwelling actually owned and occupied by the displaced owner for not less than one hundred eighty days immediately prior to initiation of negotiations for the acquisition of such property, such payment to such owner shall not exceed fifteen thousand dollars. Such payment shall be the amount, if any, which, when added to the acquisition payment equals the average price, established by the commissioner on a class, group or individual basis, required to obtain a comparable replacement dwelling that is decent, safe and sanitary to accommodate the displaced owner, reasonably accessible to public services and places of employment and available on the private market, but in no event shall such payment exceed the difference between acquisition payment and the actual purchase price of the replacement dwelling. Such payment shall include an amount which will compensate such displaced owner for any increased interest costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired pursuant to this section was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred eighty days prior to the initiation of negotiations for the acquisition of such dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. Any such mortgage interest differential payment shall, notwithstanding the provisions of section twenty-six-b of the general construction law, be in lieu of and in full satisfaction of the requirements of such section. Such payment shall include reasonable expenses incurred by such displaced owner for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. Such payment shall be made only to a displaced owner who purchases and occupies a replacement dwelling which is decent, safe and sanitary within one year subsequent to the date on which he is required to move from the dwelling acquired pursuant to this section or the date on which he receives from the state final payment of all costs of the acquired dwelling, whichever occurs later, except advance payment of such amount may be made in hardship cases. In the case of property acquired pursuant to this section from which an individual or family, not otherwise eligible to receive a payment pursuant to the above provisions of this subdivision, is displaced from any dwelling thereon which has been actually and lawfully occupied by such individual or family for not less than ninety days immediately prior to the initiation of negotiations for the acquisition of such property, such payment to such individual or family shall not exceed four thousand dollars. Such payment shall be the amount which is necessary to enable such individual or family to lease or rent for a period not to exceed four years, a decent, safe, and sanitary dwelling of standards adequate to accommodate such individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities and reasonably accessible to his place of employment, but shall not exceed four thousand dollars, or to make the down payment, including reasonable expenses incurred by such individual or family for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses, on the purchase of a decent, safe and sanitary dwelling of standards adequate to accommodate such individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities, but shall not exceed four thousand dollars, except if such amount exceeds two thousand dollars, such person must equally match any such amount in excess of two thousand dollars, in making the down payment. Such payments may be made in installments as determined by the commissioner. Application for payment under this subdivision shall be made to the commissioner upon forms prescribed by him and shall be accompanied by such information and evidence as the commissioner may require. Upon approval of such application, the commissioner shall deliver a copy thereof to the comptroller, together with a certificate stating the amount due thereunder, and the amount so fixed shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of property under this section.
12. The owner of any real property so acquired may present to the court of claims, pursuant to section five hundred three of the eminent domain procedure law a claim for the value of such property acquired and for legal damages caused by such acquisition, as provided by law for the filing of claims with the court of claims. Awards and judgments of the court of claims shall be paid in the same manner as awards and judgments of that court for the acquisition of lands generally and shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of such real property.
13. If the superintendent shall determine subsequent to the acquisition of a temporary easement in any real property that the purposes for which such easement right was acquired have been accomplished and that the exercise of such easement is no longer necessary, he shall make his certificate that the exercise of such easement is no longer necessary and that such easement right is therefore terminated, released and extinguished. The superintendent shall cause such certificate to be filed in the office of the department of state and upon such filing all rights acquired by the state in such property shall cease and determine. The superintendent shall cause a certified copy of such certificate as so filed in the office of the department of state to be mailed to the owner of the property affected, as certified by the attorney general, if the place of residence of such owner is known or can be ascertained by a reasonable effort and such superintendent shall cause a further certified copy of such certificate to be filed in the office of the recording officer of each county in which the property affected or any part thereof is situated. On the filing of such certified copy of such certificate with such recording officer, it shall be his duty to record the same in his office in the books used for recording deeds and to index the same against the name of the people of the state of New York as grantor.
§ 214. Establishment of training school. The superintendent may establish and maintain a training school and make rules and regulations for the conduct thereof; provided, however, that such regulations shall provide that the children or surviving spouse of a state police officer killed in the line of duty shall, if otherwise qualified, have a prior and preferred right over other applicants to appointment to such training school or academy.
§ 214-a. Child abuse prevention. The superintendent shall, for all members of the state police: (1) develop, maintain and disseminate written policies and procedures pursuant to title six of article six of the social services law and applicable provisions of article ten of the family court act, regarding the mandatory reporting of child abuse or neglect, reporting procedures and obligations of persons required to report, provisions for taking a child into protective custody, mandatory reporting of deaths, immunity from liability, penalties for failure to report and obligations for the provision of services and procedures necessary to safeguard the life or health of the child; and (2) establish, and implement on an ongoing basis, a training program for all current and new employees regarding the policies and procedures established pursuant to this section.
§ 214-b. Family offense intervention. The superintendent shall, for all members of the state police including new and veteran officers, develop, maintain and disseminate, in consultation with the state office for the prevention of domestic violence, written policies and procedures consistent with article eight of the family court act and applicable provisions of the criminal procedure and domestic relations laws, regarding the investigation of and intervention in incidents of family offenses. Such policies and procedures shall make provision for education and training in the interpretation and enforcement of New York's family offense laws, including but not limited to:
(a) intake and recording of victim statements, and the prompt translation of such statements if made in a language other than English, in accordance with subdivision (c) of this section, on a standardized "domestic violence incident report form" promulgated by the state division of criminal justice services in consultation with the superintendent and with the state office for the prevention of domestic violence, and the investigation thereof so as to ascertain whether a crime has been committed against the victim by a member of the victim's family or household as such terms are defined in section eight hundred twelve of the family court act and section 530.11 of the criminal procedure law;
(b) the need for immediate intervention in family offenses including the arrest and detention of alleged offenders, pursuant to subdivision four of section 140.10 of the criminal procedure law, and notifying victims of their rights, in their native language, if identified as other than English, in accordance with subdivision (c) of this section, including but not limited to immediately providing the victim with the written notice provided in subdivision six of section 530.11 of the criminal procedure law and subdivision five of section eight hundred twelve of the family court act.
(c) The superintendent, in consultation with the division of criminal justice services and the office for the prevention of domestic violence shall determine the languages in which such translation required by subdivision (a) of this section, and the notification required pursuant to subdivision (b) of this section, shall be provided. Such determination shall be based on the size of the New York state population that speaks each language and any other relevant factor. Such written notice required pursuant to subdivision (b) of this section shall be made available to all state police officers in the state.
§ 214-c. Elder abuse awareness. The superintendent, in cooperation with the state office for the aging and the office of children and family services, shall, for all members of the division of state police: (1) develop, maintain and disseminate educational material relating to abuse of adults, including physical abuse, sexual abuse, emotional abuse, active neglect, passive neglect, self neglect, and financial exploitation, as such terms are defined in section four hundred seventy-three of the social services law, and identity theft, and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters such abuse, including the provision of information and referral.
§ 214-d. Human trafficking awareness. The superintendent, in consultation with the office of temporary and disability assistance and the division of criminal justice services, shall: (1) develop, maintain and disseminate to all members of the state police, including new and veteran officers, written policies, procedures and educational materials relating to human trafficking victims, including services available for victims of human trafficking, as referenced in section four hundred eighty-three-bb of the social services law; and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters an individual believed to be a victim of human trafficking, which shall include, but not be limited to, the provision of information and/or referral to an appropriate provider of social and legal services to human trafficking victims, in accordance with such section four hundred eighty-three-bb.
§ 214-e. Cardiopulmonary resuscitation training and retraining. 1. For the purposes of this section, "cardiopulmonary resuscitation" shall have the same meaning as provided in subdivision six of section six hundred twenty-one of the general business law.
2. Each member of the division of state police shall be:
(a) trained in cardiopulmonary resuscitation during the training process to become a trooper;
(b) retrained in cardiopulmonary resuscitation every two years; and
(c) required to demonstrate the satisfactory completion of training in cardiopulmonary resuscitation.
§ 214-f. Emergency situations involving people with autism spectrum disorder and other developmental disabilities. The superintendent shall, for all members of the state police:
1. Develop, maintain and disseminate, in consultation with the commissioner of the office for people with developmental disabilities, written policies and procedures consistent with section 13.43 of the mental hygiene law, regarding the handling of emergency situations involving individuals with autism spectrum disorder and other developmental disabilities. Such policies and procedures shall make provisions for the education and training of new and veteran police officers on the handling of emergency situations involving individuals with developmental disabilities; and
2. Recommend to the governor, rules and regulations with respect to establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers.
§ 214-g. Opioid antagonist awareness. The superintendent, in cooperation with the department of health and the office of alcoholism and substance abuse services, shall, for all members of the division of state police: (1) develop, maintain and disseminate appropriate instruction regarding section 60.49 of the criminal procedure law, and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters a person who possesses opioid antagonists.
* § 214-h. Extreme risk protection orders. The superintendent shall for all members of the division of state police, including new and veteran officers, develop, maintain and disseminate written policies and procedures and educational materials regarding the availability of and procedure for filing extreme risk protection orders under article sixty-three-A of the civil practice law and rules, including the requirements for police officers under section six thousand forty-one of such law.
* NB There are 2 § 214-h's
* § 214-h. Model law enforcement death notification policy. The superintendent, in collaboration with the office of victim services, shall, for all members of the division of state police:
1. Develop, maintain and disseminate a model law enforcement death notification policy setting forth recommended policies and procedures regarding in-person death notifications to a deceased individual's next of kin. Such policies and procedures shall make provisions for education and training of current and new police officers in the planning, preparation, and delivery of in-person death notifications, including but not limited to, policies and procedures for:
(a) the identification of the deceased individual, the collection of accurate information regarding the deceased individual, and the identification of the deceased individual's next of kin; and
(b) the actual delivery of in-person death notifications to the deceased individual's next of kin within twenty-four hours following the identification of such individual; provided, however, such policies and procedures shall provide that, in the event that an in-person death notification cannot be provided to the deceased individual's next of kin within such timeframe, the failure or delay of such notification shall be documented and such notification shall instead be made as soon as practicable.
2. Recommend to the governor rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this section, along with recommendations for periodic retraining of police officers.
3. Disseminate the model law enforcement death notification policy promulgated in accordance with this section to all members of the state police and develop a model training program for all current and new police officers regarding the policies and procedures established pursuant to such section.
* NB There are 2 § 214-h's
§ 215. Organization; salaries; qualifications; appointment; term; rules and regulations. 1. The New York state police shall, in addition to the superintendent, consist of the following sworn members:
(a) a headquarters staff consisting of the following positions:
(1) one first deputy superintendent;
(2) one deputy superintendent who shall serve as field commander;
(3) one deputy superintendent in charge of administrative services;
(4) one deputy superintendent in charge of employee relations, training and human resources;
(5) one deputy superintendent who shall serve as chief inspector in charge of inspectional services and internal affairs;
(6) one counsel;
(7) seven assistant deputy superintendents, one of whom shall be assigned to the uniform force, one to the bureau of criminal investigation, two for administrative services, one for employee relations, training and human resources, and two who shall serve as deputy chief inspectors;
(8) one confidential assistant;
(9) one first assistant counsel and such assistant counsels and staff attorneys as the superintendant may appoint;
(10) such inspectors as the superintendent may appoint;
(11) such majors, one of whom shall be the director of training and commanding officer of the New York state police academy and one of whom shall be in charge of the detail assigned for special duty with the governor, as the superintendent may appoint;
(12) such captains as the superintendent may appoint;
(13) such technical lieutenants as the superintendent may appoint;
(14) one chief technical sergeant;
(15) such staff sergeants and technical sergeants as the superintendent may appoint from time to time; and
(16) such additional members as the superintendent may deem necessary for the adequate and proper administration of the New York state police.
(b) in addition to the headquarters staff there shall be not less than ten troops each composed of:
(1) one major;
(2) not less than seven lieutenants; such lieutenants designated as captains by the superintendent shall serve as zone commanders;
(3) one first sergeant;
(4) such sergeants as the superintendent may appoint within the sums appropriated therefor; sergeants designated by the superintendent as zone sergeants shall serve as assistant zone commanders;
(5) such technical sergeants as the superintendent may appoint from time to time within the sums appropriated therefor;
(6) such corporals as shall hold office as such; and
(7) such troopers as the superintendent may appoint within the sums appropriated therefor.
Appointment or assignment to such positions shall be made by the superintendent who shall also fix the salaries for such positions subject to the approval of the director of the budget within the sums appropriated therefor.
The superintendent may appoint to the troops, within the sums appropriated therefor, as members of the New York state police, such numbers as may be required to carry out the purposes of the New York state police, and he may also from time to time, within the sums appropriated therefor, appoint such other additional personnel as may be required for all necessary police purposes, including policing and protecting the lands and parkways of the state.
2. a. Salary schedules for the titles of trooper, sergeant, technical sergeant, station commander, zone sergeant, first sergeant, staff sergeant, chief technical sergeant, lieutenant, technical lieutenant, lieutenant BCI, captain, captain BCI and major:
(1) Effective April first, two thousand eighteen, members of the collective negotiating unit consisting of troopers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $55,073 Trainee 2 $73,365 $74,529 $74,832 $73,146 Step 1 $78,124 $79,289 $79,595 $77,909 Step 2 $82,882 $84,047 $84,353 $82,665 Step 3 $85,731 $86,895 $87,201 $85,514 Step 4 $89,109 $90,272 $90,578 $88,890 Step 5 $92,862 $94,025 $94,332 $92,644
(2) Effective April first, two thousand nineteen, members of the collective negotiating unit consisting of troopers in the division of state police shall receive the basic annual salary pursuant to the following schedule, except that (a) any member at the trainee 1 rate as of March 31, 2019 shall receive the salary in this subparagraph (if eligible) and progress to the trainee 2 rate as provided in subparagraph one of this paragraph until such time as they complete their service in the trainee 2 rate and at such time they shall move to the Step 1 in this subparagraph and (b) any member at the trainee 2 rate, pursuant to subparagraph one of this paragraph, as of March thirty-first, two thousand nineteen shall receive a two percent increase in salary rather than the trainee 2 rate in this paragraph until such time as they complete their service as a trainee 2 and move to the Step 1 rate in the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $56,174 Trainee 2 $56,174 $56,174 $56,174 $56,174 Step 1 $79,686 $80,875 $81,187 $79,467 Step 2 $84,540 $85,728 $86,040 $84,318 Step 3 $87,446 $88,633 $88,945 $87,224 Step 4 $90,891 $92,077 $92,390 $90,668 Step 5 $94,719 $95,906 $96,219 $94,497
(3) Effective April first, two thousand twenty, members of the collective negotiating unit consisting of troopers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $57,297 Trainee 2 $57,297 $57,297 $57,297 $57,297 Step 1 $81,280 $82,493 $82,811 $81,056 Step 2 $86,231 $87,443 $87,761 $86,004 Step 3 $89,195 $90,406 $90,724 $88,968 Step 4 $92,709 $93,919 $94,238 $92,481 Step 5 $96,613 $97,824 $98,143 $96,387
(4) Effective April first, two thousand twenty-one, members of the collective negotiating unit consisting of troopers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $58,443 Trainee 2 $58,443 $58,443 $58,443 $58,443 Step 1 $82,906 $84,143 $84,467 $82,677 Step 2 $87,956 $89,192 $89,516 $87,724 Step 3 $90,979 $92,214 $92,538 $90,747 Step 4 $94,563 $95,797 $96,123 $94,331 Step 5 $98,545 $99,780 $100,106 $98,315
(5) Effective April first, two thousand twenty-two, members of the collective negotiating unit consisting of troopers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $59,612 Trainee 2 $59,612 $59,612 $59,612 $59,612 Step 1 $84,564 $85,826 $86,156 $84,331 Step 2 $89,715 $90,976 $91,306 $89,478 Step 3 $92,799 $94,058 $94,389 $92,562 Step 4 $96,454 $97,713 $98,045 $96,218 Step 5 $100,516 $101,776 $102,108 $100,281
(6) Effective April first, two thousand eighteen, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $109,380 $110,546 $110,851 $109,163 Station Commander $112,914 $114,080 $114,385 $112,700 Zone Sergeant $114,717 $115,878 $116,183 $114,500 First, Staff and Chief T/ Sgt $120,619 $121,781 $122,087 $120,401 Lieutenant and Technical Lieutenant $130,715 $131,878 $132,183 $130,500 Lieutenant BCI $133,275 $134,439 $134,744 $133,057 Captain $139,403 $140,567 $140,875 $139,187 Captain BCI $142,002 $143,163 $143,470 $141,783 Major $148,540 $149,703 $150,008 $148,321
(7) Effective April first, two thousand nineteen, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $111,568 $112,757 $113,068 $111,346 Station Commander $115,172 $116,362 $116,673 $114,954 Zone Sergeant $117,011 $118,196 $118,507 $116,790 First, Staff and Chief T/ Sgt $123,031 $124,217 $124,529 $122,809 Lieutenant and Technical Lieutenant $133,329 $134,516 $134,827 $133,110 Lieutenant BCI $135,941 $137,128 $137,439 $135,718 Captain $142,191 $143,378 $143,693 $141,971 Captain BCI $144,842 $146,026 $146,339 $144,619 Major $151,511 $152,697 $153,008 $151,287
(8) Effective April first, two thousand twenty, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $113,799 $115,012 $115,329 $113,573 Station Commander $117,475 $118,689 $119,006 $117,253 Zone Sergeant $119,351 $120,560 $120,877 $119,126 First, Staff and Chief T/ Sgt $125,492 $126,701 $127,020 $125,265 Lieutenant and Technical Lieutenant $135,996 $137,206 $137,524 $135,772 Lieutenant BCI $138,660 $139,871 $140,188 $138,432 Captain $145,035 $146,246 $146,567 $144,810 Captain BCI $147,739 $148,947 $149,266 $147,511 Major $154,541 $155,751 $156,068 $154,313
(9) Effective April first, two thousand twenty-one, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $116,075 $117,312 $117,636 $115,844 Station Commander $119,825 $121,063 $121,386 $119,598 Zone Sergeant $121,738 $122,971 $123,295 $121,509 First, Staff and Chief T/ Sgt $128,002 $129,235 $129,560 $127,770 Lieutenant and Technical Lieutenant $138,716 $139,950 $140,274 $138,487 Lieutenant BCI $141,433 $142,668 $142,992 $141,201 Captain $147,936 $149,171 $149,498 $147,706 Captain BCI $150,694 $151,926 $152,251 $150,461 Major $157,632 $158,866 $159,189 $157,399
(10) Effective April first, two thousand twenty-two, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $118,397 $119,658 $119,989 $118,161 Station Commander $122,222 $123,484 $123,814 $121,990 Zone Sergeant $124,173 $125,430 $125,761 $123,939 First, Staff and Chief T/ Sgt $130,562 $131,820 $132,151 $130,325 Lieutenant and Technical Lieutenant $141,490 $142,749 $143,079 $141,257 Lieutenant BCI $144,262 $145,521 $145,852 $144,025 Captain $150,895 $152,154 $152,488 $150,660 Captain BCI $153,708 $154,965 $155,296 $153,470 Major $160,785 $162,043 $162,373 $160,547
b. The salary schedules in subparagraphs one, two, three and four of paragraph a of this subdivision shall reflect a five-step progression from the entry level, step 1 salary to the highest level, step 5, for the position of trooper.
c. The salary schedules in paragraph a of this subdivision reflect the basic annual salary for employees in those titles listed whose principal place of employment, or in the case of a field employee, whose official station as determined in accordance with the regulations of the state comptroller is located in the locations listed in the salary schedule. The salary schedules shall not be applicable to those members in the title of Special Trooper.
2-a. The superintendent may also appoint a division physician who shall be the medical consultant and chief medical examiner of the New York state police, and assistant division physicians each of whom shall be an assistant medical consultant and assistant chief medical examiner of the New York state police.
3. The sworn members of the New York state police shall be appointed by the superintendent and permanent appointees may be removed by the superintendent only after a hearing. No person shall be appointed to the New York state police force as a sworn member unless he or she shall be a citizen of the United States, between the ages of twenty-one and twenty-nine years except that in the superintendent's discretion, the maximum age may be extended to thirty-five years. Notwithstanding any other provision of law or any general or special law to the contrary the time spent on military duty, not exceeding a total of six years, shall be subtracted from the age of any applicant who has passed his or her twenty-ninth birthday, solely for the purpose of permitting qualification as to age and for no other purpose. Such limitations as to age however shall not apply to persons appointed to the positions of counsel, first assistant counsel, assistant counsel, and assistant deputy superintendent for employee relations nor to any person appointed to the bureau of criminal investigation pursuant to section two hundred sixteen of this article nor shall any person be appointed unless he or she has fitness and good moral character and shall have passed a physical and mental examination based upon standards provided by the rules and regulations of the superintendent. Appointments shall be made for a probationary period which, in the case of appointees required to attend and complete a basic training program at the state police academy, shall include such time spent attending the basic school and terminate one year after successful completion thereof. All other sworn members shall be subject to a probationary period of one year from the date of appointment. Following satisfactory completion of the probationary period the member shall be a permanent appointee. Voluntary resignation or withdrawal from the New York state police during such appointment shall be submitted to the superintendent for approval. Reasonable time shall be required to account for all equipment issued or for debts or obligations to the state to be satisfied. Resignation or withdrawal from the division during a time of emergency, so declared by the governor, shall not be approved if contrary to the best interest of the state and shall be a misdemeanor. No sworn member removed from the New York state police shall be eligible for reappointment. The superintendent shall make rules and regulations subject to approval by the governor for the discipline and control of the New York state police and for the examination and qualifications of applicants for appointment as members thereto and such examinations shall be held and conducted by the superintendent subject to such rules and regulations. The superintendent is authorized to charge a fee of twenty dollars as an application fee for any person applying to take a competitive examination for the position of trooper, and a fee of five dollars for any competitive examination for a civilian position. The superintendent shall promulgate regulations subject to the approval of the director of the budget, to provide for a waiver of the application fee when the fee would cause an unreasonable hardship on the applicant and to establish a fee schedule and charge fees for the use of state police facilities.
3-a. Notwithstanding any other law, rule or regulation to the contrary, the superintendent shall promulgate rules and regulations subject to approval by the governor for the administration of supplemental competitive examinations, to be given at not less than six month intervals for two years following the application deadline date of the regular competitive examination for the position of trooper, for individuals who, on the application deadline date or on the date of the regular competitive examination, are in the active military service and are otherwise qualified to sit for such exam.
4. The comptroller is hereby authorized to deduct from the salary of any member of the New York state police or any employee of the New York state police who holds life or group insurance under any salary savings plan of the insurer such amounts, for payment of the premium thereon, as such member or employee may specify in writing filed with the comptroller, and to transmit to the insurer the sums so deducted. Any such written authorization may be withdrawn by such member or employee at any time upon filing written notice of such withdrawal with the comptroller. Notwithstanding the foregoing provisions of this subdivision, the employee organization certified, pursuant to article fourteen of the civil service law, to represent the collective negotiating unit consisting of troopers in the division of state police shall have exclusive payroll deduction of membership dues and premiums for insurance and mass-merchandized automobile and homeowners' insurance policies for members of such collective negotiating unit and the employee organization certified to represent the collective negotiating unit consisting of commissioned and non-commissioned officers and the employee organization certified to represent the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police shall have exclusive payroll deduction of premiums for insurance programs for members of such collective negotiating unit for which it is so certified. Payroll deductions for such dues and premiums for members of such collective negotiating units shall not be authorized for any other employee organization or group except by express written approval of such appropriate certified employee organization.
5. Whenever the superintendent finds that under community wage practices in private or other public employment in one or more areas or locations in the state, wage rates of police officers in a given location are substantially higher than the wage rates paid by the state, he or she may, subject to the approval of the director of the budget, authorize a pay differential to be added as an adjustment to the established salary rates for the same or related occupations in the state police in such areas or locations. A pay differential under this subdivision shall be a percentage or a fixed dollar amount as prescribed in each case by the superintendent subject to the approval of the director of the budget. Such differentials shall be in addition to and shall not be part of a member's basic annual salary, and shall not affect or impair any performance advancement payments, performance awards, longevity payments or other rights or benefits to which a member may be entitled under the provisions of this chapter, provided, however, that any differential payable pursuant to this subdivision shall be included as compensation for retirement purposes. A pay differential shall be terminated for any member when he or she ceases to be employed in the position, or area or location for which such pay differential was authorized. A pay differential shall remain in effect until terminated by the superintendent, with the consent of the director of the budget or until a new pay differential is authorized pursuant to this subdivision. The director of the budget may adopt such regulations as he or she may deem necessary to carry out the provisions of this subdivision.
§ 216. Bureau of criminal investigation. 1. The superintendent may continue, within the New York state police, a bureau of criminal investigation and assign to it members of the New York state police in such numbers and appoint to it such investigative specialists in such numbers as may be required for the purpose of preventing, investigating and detecting violations of the criminal laws of the state, and conducting such other investigations as may be provided for by law. Members of the New York state police assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent shall be classified as (a) investigators; (b) senior investigators; (c) lieutenants; (d) captains; provided, however, that investigative specialists appointed to the bureau of criminal investigation may be appointed as investigators or senior investigators at salaries to be determined by the superintendent with the approval of the director of the budget within the range from minimum to maximum provided for in this section for the positions to which appointments are made. Investigative specialists appointed to the bureau of criminal investigation shall be deemed to be members of the New York state police upon the filing by them of the constitutional oath of office, but shall not be eligible for transfer to the uniform force unless otherwise qualified under section two hundred fifteen of this article. The superintendent may employ, from time to time, within the appropriation, such skilled experts, scientists, technicians or other specially qualified persons as he deems necessary to aid the bureau and the New York state police in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the state. Upon request of the head of any state department, or of any police agency or of any district attorney within the state, the superintendent may assign to such requesting authority members of the state police attached to the bureau of criminal investigation in such numbers and for such periods of time as he may deem necessary for the purpose of investigating and detecting felonies committed within the state. Members of the state police assigned or appointed to the bureau of criminal investigation are empowered to cooperate with departments of the United States government in the investigation of violations of the federal laws of the grade of felony within this state. The superintendent may, from time to time, establish headquarters or stations in such localities of the state as he shall deem most suitable for the efficient operation of the bureau of criminal investigation.
2. (a) There shall be within the bureau of criminal investigation a hate crime task force. The superintendent shall assign to it such personnel as may be required for the purpose of preventing, investigating, and detecting hate crimes as defined in article four hundred eighty-five and sections 240.30 and 240.31 of the penal law. When at all possible, the task force members shall assist and support other law enforcement agencies in preventing, investigating, and detecting offenses committed due to a perception or belief regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person.
(b) The task force shall issue reports and publications, in conjunction with the division of human rights and the division of criminal justice services, in order to inform persons of all available rights and remedies under the penal law as referenced in paragraph (a) of this subdivision, as well as prohibitions against discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, familial status, domestic violence victim status, genetic predisposition status, or marital status as those terms are defined by article fifteen of this chapter.
(c) The first report issued by the hate crimes task force, as required by paragraph (b) of this subdivision, shall be issued within ninety days of the effective date of this subdivision. Subsequent reports shall be issued annually thereafter.
3. * a. Salary schedules for investigators, senior investigators, and investigative specialists in the division of state police.
(1) Effective April first, two thousand fourteen, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Senior
Investigator Investigator Nassau and Suffolk $108,280 $97,796 New York City, Rockland, Westchester $107,996 $97,511 Orange, Putnam, Dutchess $106,909 $96,425 All other locations $106,707 $96,222
(2) Effective April first, two thousand fifteen, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Senior
Investigator Investigator Nassau and Suffolk $110,446 $99,752 New York City, Rockland, Westchester $110,156 $99,461 Orange, Putnam, Dutchess $109,047 $98,354 All other locations $108,841 $98,146
(3) Effective April first, two thousand sixteen, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Senior
Investigator Investigator Nassau and Suffolk $112,103 $101,248 New York City, Rockland, Westchester $111,808 $100,953 Orange, Putnam, Dutchess $110,683 $99,829 All other locations $110,474 $99,618
(4) Effective April first, two thousand seventeen, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Senior
Investigator Investigator Nassau and Suffolk $113,785 $102,767 New York City, Rockland, Westchester $113,485 $102,467 Orange, Putnam, Dutchess $112,343 $101,326 All other locations $112,131 $101,112
* NB Effective until certain conditions are met as set forth in chapter 337 of 2019 Part A § 25
* a. Salary schedules for investigators, senior investigators, and investigative specialists in the division of state police.
(1) Effective April first, two thousand eighteen, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $104,822 $104,516 $103,353 $103,134 1 - 2 $104,822 $104,516 $103,353 $103,134 2 - 3 $104,822 $104,516 $103,353 $103,134 3 - 4 $104,822 $104,516 $103,353 $103,134 4 - 5 $104,822 $104,516 $103,353 $103,134 5 - 6 $104,822 $104,516 $103,353 $103,134 6+ $104,822 $104,516 $103,353 $103,134
(2) Effective April first, two thousand nineteen, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Hired on or Nassau Rockland Putnam
After Suffolk Westchester Dutchess All Other YOS 10/1/19 0 - 1 $100,000 $106,918 $106,606 $105,420 $105,197 1 - 2 $106,918 $106,606 $105,420 $105,197 2 - 3 $106,918 $106,606 $105,420 $105,197 3 - 4 $106,918 $106,606 $105,420 $105,197 4 - 5 $106,918 $106,606 $105,420 $105,197 5 - 6 $106,918 $106,606 $105,420 $105,197 6+ $106,918 $106,606 $105,420 $105,197
(3) Effective April first, two thousand twenty, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Hired on New York City Orange
Or After Nassau Rockland Putnam YOS 10/1/19 Suffolk Westchester Dutchess All Other 0 - 1 $102,000 $109,056 $108,738 $107,528 $107,301 1 - 2 $105,000 $109,056 $108,738 $107,528 $107,301 2 - 3 $109,056 $108,738 $107,528 $107,301 3 - 4 $109,056 $108,738 $107,528 $107,301 4 - 5 $109,056 $108,738 $107,528 $107,301 5 - 6 $109,056 $108,738 $107,528 $107,301 6+ $110,090 $109,773 $108,560 $108,334
(4) Effective April first, two thousand twenty-one, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York
Hired on City Orange
Or After Nassau Rockland Putnam YOS 10/1/19 Suffolk Westchester Dutchess All Other 0 - 1 $104,040 $111,237 $110,913 $109,679 $109,447 1 - 2 $107,100 $111,237 $110,913 $109,679 $109,447 2 - 3 $111,237 $110,913 $109,679 $109,447 3 - 4 $111,237 $110,913 $109,679 $109,447 4 - 5 $111,237 $110,913 $109,679 $109,447 5 - 6 $111,237 $110,913 $109,679 $109,447 6+ $112,292 $111,968 $110,731 $110,501
(5) Effective April first, two thousand twenty-two, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $106,121 $106,121 $106,121 $106,121 1 - 2 $109,242 $109,242 $109,242 $109,242 2 - 3 $113,462 $113,131 $111,873 $111,636 3 - 4 $113,462 $113,131 $111,873 $111,636 4 - 5 $113,462 $113,131 $111,873 $111,636 5 - 6 $113,462 $113,131 $111,873 $111,636 6+ $114,538 $114,207 $112,946 $112,711
(6) Effective April first, two thousand eighteen, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $116,061 $115,755 $114,590 $114,374 1 - 2 $116,061 $115,755 $114,590 $114,374 2 - 3 $116,061 $115,755 $114,590 $114,374 3 - 4 $116,061 $115,755 $114,590 $114,374 4 - 5 $116,061 $115,755 $114,590 $114,374 5 - 6 $116,061 $115,755 $114,590 $114,374 6+ $116,061 $115,755 $114,590 $114,374
(7) Effective April first, two thousand nineteen, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $118,382 $118,070 $116,882 $116,661 1 - 2 $118,382 $118,070 $116,882 $116,661 2 - 3 $118,382 $118,070 $116,882 $116,661 3 - 4 $118,382 $118,070 $116,882 $116,661 4 - 5 $118,382 $118,070 $116,882 $116,661 5 - 6 $118,382 $118,070 $116,882 $116,661 6+ $118,382 $118,070 $116,882 $116,661
(8) Effective April first, two thousand twenty, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $120,750 $120,431 $119,220 $118,994 1 - 2 $120,750 $120,431 $119,220 $118,994 2 - 3 $120,750 $120,431 $119,220 $118,994 3 - 4 $120,750 $120,431 $119,220 $118,994 4 - 5 $120,750 $120,431 $119,220 $118,994 5 - 6 $120,750 $120,431 $119,220 $118,994 6+ $121,781 $121,462 $120,253 $120,026
(9) Effective April first, two thousand twenty-one, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $123,165 $122,840 $121,604 $121,374 1 - 2 $123,165 $122,840 $121,604 $121,374 2 - 3 $123,165 $122,840 $121,604 $121,374 3 - 4 $123,165 $122,840 $121,604 $121,374 4 - 5 $123,165 $122,840 $121,604 $121,374 5 - 6 $123,165 $122,840 $121,604 $121,374 6+ $124,217 $123,891 $122,658 $122,427
(10) Effective April first, two thousand twenty-two, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $125,628 $125,297 $124,036 $123,801 1 - 2 $125,628 $125,297 $124,036 $123,801 2 - 3 $125,628 $125,297 $124,036 $123,801 3 - 4 $125,628 $125,297 $124,036 $123,801 4 - 5 $125,628 $125,297 $124,036 $123,801 5 - 6 $125,628 $125,297 $124,036 $123,801 6+ $126,701 $126,369 $125,111 $124,876
(11) With respect to subparagraphs one, two, three, four, five, six, seven, eight, nine and ten of this paragraph, members assigned to the bureau of criminal investigation as investigators, investigative specialists and senior investigators appointed to the bureau by the superintendent shall be paid a basic annual salary consistent with their years of service in the bureau and their principal place of employment, or, in the case of a field employee, whose official station, as determined in accordance with the regulations of the state comptroller, is located in the city of New York or in the counties of Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or Suffolk, except that: (a) With respect to subparagraphs two, three, and four of this paragraph, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent on or after October first, two thousand nineteen shall be paid a basic annual salary consistent with their years of service in the bureau corresponding to the column titled "Hired on or after 10/1/19". When such member completes one year of service, such member shall move to the next basic annual salary consistent with their years of service in the bureau corresponding to the column titled "Hired on or after 10/1/19". When such member completes two years of service, such member shall move to the next basic annual salary corresponding to their years of service within the bureau and their principal place of employment, or, in the case of a field employee, whose official station, as determined in accordance with the regulations of the state comptroller, is located in the city of New York or in the counties of Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or Suffolk; and (b) With respect to subparagraphs two, three, four and five of this paragraph, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent before October first, two thousand nineteen shall be paid a basic annual salary consistent with their years of service in the bureau and their principal place of employment, or, in the case of a field employee, whose official station, as determined in accordance with the regulations of the state comptroller, is located in the city of New York or in the counties of Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or Suffolk. When such member completes a year of service, such member shall move to the basic annual salary consistent with their years of service in the bureau and their principal place of employment, or, in the case of a field employee, whose official station, as determined in accordance with the regulations of the state comptroller, is located in the city of New York or in the counties of Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or Suffolk.
(12) When any member assigned to the bureau of criminal investigation completes a year of service entitling them to move to a higher salary, they shall be paid the higher salary at the start of the pay period immediately following their completion of the required years of service in the bureau that entitles them to the next higher salary.
* NB Effective upon certain conditions being met as set forth in chapter 337 of 2019 Part A § 25
§ 216-a. Scientific crime detection laboratory. 1. The superintendent may maintain a scientific crime detection laboratory, and may appoint, employ or assign a director thereof, and such additional members or employees as he may deem necessary for the proper maintenance and operation of such scientific crime detection laboratory, within the appropriation. The superintendent may also employ, from time to time, within the appropriation, such skilled experts, scientists, technicians or other specially qualified persons as he deems necessary to aid the New York state police and the laboratory in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the state.
2. The superintendent may, from time to time, establish headquarters or stations in such localities of the state as he shall deem most suitable for the efficient operation of the laboratory.
§ 216-b. Salary increments. 1. A member whose annual basic salary is prescribed by subparagraph one of paragraph a of subdivision two of section two hundred fifteen of this article shall receive the minimum salary of his position plus the number of increments which corresponds to his years of service in such position, subject to the provisions of this section, provided, however, that effective July first, nineteen hundred seventy-one initial employment in the position of trooper shall be at the training rate and progression of such members or any other troopers paid at such training rate to the minimum salary of the position of trooper shall be by means of an annual increment equal to the difference between the training rate and the minimum salary of the position of trooper subject to the conditions described in this subdivision, except that on or after the date that the first collectively negotiated agreement entered into after April first, nineteen hundred eighty-one pursuant to article fourteen of the civil service law covering the unit consisting of troopers in the division of state police is executed in writing, initial employment in the position of trooper shall be at training rate one and, such members shall advance to training rate two effective on the first day of the next payroll period following the member's anniversary date of appointment to the division of state police, subject to the provisions of section forty-four of the state finance law, provided the member's service in the position has been satisfactory in the judgment of the superintendent, and further progression of such members to the minimum salary of the position of trooper shall be by means of an annual increment subject to the conditions described in this subdivision. Annual increments shall become effective on the first day of the next payroll period following the member's anniversary date of appointment to the division of state police, subject, however, to the provisions of section forty-four of the state finance law. Except as provided below, a member shall be eligible to receive an increment in such position on the first day of the next payroll period following the member's anniversary date of appointment to the division of state police, provided his service in the position or positions held by the member during the previous year has been satisfactory in the judgment of the superintendent. No member shall receive an increment which would result in the member receiving an annual salary in excess of the maximum salary prescribed for his position, or the amount to which he may be entitled pursuant to subdivisions two and five of this section. Notwithstanding the foregoing provisions of this subdivision, members who are initially employed in the position of trooper on or after October first, nineteen hundred eighty-one shall be employed at training rate one and such members shall advance to training rate two effective on the first day of the payroll period immediately following their completion of one year of service to the division, and further advancements of such members to step one and subsequent steps shall be by means of an annual increment to be effective on the first day of the payroll period following their completion of each additional year of service; such advancement shall be subject to the provisions of section forty-four of the state finance law and shall be payable provided the member's service has been satisfactory in the judgment of the superintendent. Notwithstanding the foregoing provisions of this subdivision, on and after April first, nineteen hundred ninety-six, members who are undergoing their initial training at the New York state police academy shall receive the academy trainee salary and effective upon graduation from such training shall advance to trainee rate two and such members shall advance to step one effective on the first day of the payroll period immediately following their completion of one year of service to the division, and further advancement of such members to subsequent steps shall be by means of an annual increment to be effective on the first day of the payroll period following their completion of each additional year of service; such advancement shall be subject to the provisions of section forty-four of the state finance law and shall be payable provided the member's service has been satisfactory in the judgment of the superintendent.
2. (a) (1) Effective April first, two thousand seven, all members in the position of trooper in the division of state police, which shall not include those in the title of special trooper, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $430
11-15 $480
16-25 $530
(2) Effective April first, two thousand eight, all members in the position of trooper in the division of state police, which shall not include those in the title of special trooper, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $460
11-15 $510
16-25 $560
(3) Effective April first, two thousand nine, all members in the position of trooper in the division of state police, which shall not include those in the title of special trooper, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $500
11-15 $550
16-25 $600
(4) Effective April first, two thousand ten, all members in the position of trooper in the division of state police, which shall not include those in the title of special trooper, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $540
11-15 $590
16-25 $640
(5) Individuals with greater than twenty-five years of service shall continue to receive a longevity award at the twenty-five year amount. Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid over the year-long period between anniversary dates.
(b) The longevity amounts provided by this subdivision shall be in addition to, and shall not be a part of, a member's annual basic salary, and shall not impair any increments or other rights or benefits to which a member may be entitled; provided, however, that longevity awards shall be included as compensation for purposes of computation of overtime pay and for retirement purposes. The provisions of this paragraph shall not apply to members in the title of special trooper.
3. (a) (1) Effective April first, two thousand seven, all members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $430
11-15 $480
16-25 $530
(2) Effective April first, two thousand eight, all members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $460
11-15 $510
16-25 $560
(3) Effective April first, two thousand nine, all members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $500
11-15 $550
16-25 $600
(4) Effective April first, two thousand ten, all members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $540
11-15 $590
16-25 $640
(5) Individuals with greater than twenty-five years of service shall continue to receive a longevity award at the twenty-five year amount. Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid over the year-long period between anniversary dates.
(b) Eligible members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who are commissioned officers, effective April first, two thousand, shall be paid supplemental longevities in addition to the longevities provided for in paragraph (a) of this subdivision, in accordance with the following schedule:
After five years following appointment as a commissioned officer - five hundred dollars
After ten years following appointment as a commissioned officer - one thousand dollars
After fifteen years following appointment as a commissioned officer - one thousand five hundred dollars Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid over the year-long period between anniversary dates.
(c) The longevity amounts provided by this subdivision shall be in addition to, and shall not be a part of, a member's annual basic salary, and shall not impair any other rights or benefits to which a member may be entitled; provided, however, that longevity awards shall be included as compensation for purposes of computation of overtime pay and for retirement purposes.
4. If a member is reassigned from the bureau of criminal investigation to the uniform force in a competitive position, he shall be reassigned to his permanent rank and, upon such reassignment, shall receive the step entitlement, additional annual salary entitlement pursuant to subdivision two of this section and additional increment pursuant to subdivision three of this section of his permanent rank as he would have earned in such rank had his service in the bureau of criminal investigation been rendered continuously in his permanent rank to which he is reassigned; provided, however, that the foregoing provisions of this subdivision shall not create an entitlement to retroactive payments.
5. (a) Members in the collective negotiating unit consisting of investigators and senior investigators in the division of state police who, effective April first, nineteen hundred ninety-eight, have attained six or more years of satisfactory service with the division of state police shall be paid a longevity award in accordance with the following schedule. Thereafter, on their anniversary date of employment with the division, such members shall move in the schedule appropriate to the years of satisfactory service in the division they achieve on that anniversary date.
Years of Service Longevity Benefit
6 $ 800
7 850
8 900
9 950
10 1,000
11 1,050
12 1,100
13 1,150
14 1,200
15 1,250
16 1,300
17 1,350
18 1,400
19 1,450 20 or more 1,500
Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid bi-weekly over the year-long period between anniversary dates.
(b)(1) Effective April first, two thousand seven, all members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years:
Years of Service Amount per year
6-10 $430
11-15 $480
16-25 $530
(2) Effective April first, two thousand eight, all members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years:
Years of Service Amount per year
6-10 $460
11-15 $510
16-25 $560
(3) Effective April first, two thousand nine, all members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years:
Years of Service Amount per year
6-10 $500
11-15 $550
16-25 $600
(4) Effective April first, two thousand ten, all members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years:
Years of Service Amount per year
6-10 $540
11-15 $590
16-25 $640
(5) Individuals with greater than twenty-five years of service shall continue to receive a longevity award at the twenty-five year amount. Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid over the year-long period between anniversary dates.
(c) The longevity amounts provided by this subdivision shall be in addition to, and shall not be a part of, a member's annual basic salary, and shall not impair any other rights or benefits to which a member may be entitled; provided, however, that longevity awards shall be included as compensation for purposes of computation of overtime pay and for retirement purposes.
§ 216-c. Holiday compensation. 1. Notwithstanding the provisions of section one hundred thirty-five of the civil service law, members of the division of state police, other than troopers attending the state police academy for basic training, the division physician, assistant division physicians, inspectors, deputy chief inspectors, confidential assistant to the superintendent, the assistant deputy superintendents, the chief inspector, the counsel, first assistant counsel, assistant counsels, deputy superintendents, first deputy superintendent, state police director of personnel, assistant director of personnel-state police and the state police director of scientific laboratory shall effective April first, nineteen hundred eighty-five for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police and effective June thirteenth, nineteen hundred eighty-five for such other members receive annual holiday compensation in an amount to be computed for each member by dividing his annual basic salary by one thousand nine hundred ninety-two hours to obtain an hourly rate of pay and multiplying such hourly rate by fifty-two and four-tenths hours, adjusted to the next higher whole dollar amount. Such compensation shall be in lieu of any other premium which may be paid for work on a legal holiday and shall be included in and be a part of the member's annual basic salary and on and after April first nineteen hundred eighty-five for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police established pursuant to article fourteen of the civil service law and on and after June thirteenth, nineteen hundred eighty-five for such other members is included in the annual basic salary schedules applicable to such members pursuant to this article.
* 2. In addition to the compensation provided in subdivision one of this section, members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, on the payroll on November first of each year, shall continue to receive holiday compensation, effective April first, two thousand ten, in the amount of fifteen hundred thirty-six dollars. Effective April first, two thousand fourteen, such amount shall be increased to fifteen hundred sixty-seven dollars. Effective April first, two thousand fifteen, such amount shall be increased to fifteen hundred ninety-eight dollars. Effective April first, two thousand sixteen, such amount shall be increased to sixteen hundred twenty-two dollars. Effective April first, two thousand seventeen, such amount shall be increased to sixteen hundred forty-six dollars. Such payments shall be in addition to, and shall not be part of, the member's annual basic salary, except for the purpose of retirement, and shall be made in a separate check during the payroll period which includes December first each year.
* NB Effective until certain conditions are met as set forth in chapter 337 of 2019 Part A § 25
* 2. In addition to the compensation provided in subdivision one of this section, members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, on the payroll on November first of each year, shall receive holiday compensation as follows:
April 1, 2018 $1,646
April 1, 2019 $1,679
April 1, 2020 $1,713
April 1, 2021 $1,747
April 1, 2022 $1,782 Such payments shall be in addition to, and shall not be part of, the member's annual basic salary, except for the purpose of retirement, and shall be made in a separate check during the payroll period which includes December first each year.
* NB Effective upon certain conditions being met as set forth in chapter 337 of 2019 Part A § 25
§ 216-d. Consumer product protection. 1. The superintendent, in consultation with the commissioner of the division of criminal justice services, shall establish a program to investigate actual and/or suspected cases of consumer product tampering, as defined in sections 145.35, 145.40 and 145.45 of the penal law, within this state and may assign such employees, as deemed necessary for the proper operation of such program.
2. Such program shall provide that the state police may, upon request, act as the coordinating agency responding to cases of suspected product tampering. The superintendent in conjunction with the commissioner of the division of criminal justice services, shall, by regulation, establish uniform procedures that may be used by other agencies involved in such cases.
3. The superintendent, in conjunction with the commissioner of the division of criminal justice services, and with the cooperation of the department of health, the department of agriculture and markets, and other pertinent agencies, shall promulgate such additional rules and regulations which in his/her discretion are necessary for the efficient operation of this section. These regulations should include but not be limited to the following:
a. the establishment of uniform procedures to be used whenever a law enforcement or regulatory agency or other agency becomes involved in a consumer product tampering incident. Such regulations shall require that the state police provide direct investigative assistance or support services to any law enforcement or regulatory agency upon request;
b. the establishment of a computerized central data base, located at division headquarters, which will function as an information management and retrieval system for matters involving consumer product tampering. Notification of all consumer product tampering cases made to law enforcement, regulatory agencies or other agencies shall be reported to the central data base within five hours of such notification;
c. authorization, upon request, to use the scientific crime detection laboratory to analyze evidence in connection with state police cases or cases that originate with other law enforcement, regulatory agencies or other agencies; and
d. establishment of a twenty-four hour consumer product tampering phone line, to be set up at Headquarters' communication section in Albany.
4. The superintendent, in cooperation with the division of criminal justice services, shall make recommendations to the municipal police training council for the establishment of a formalized consumer product tampering training program for all law enforcement personnel.
§ 217. Communication. There shall be established in the division of state police, executive department, a basic coordinating police communication system at the headquarters of the division of state police and at such substations of the state police as shall be designated by the superintendent of state police, for the purpose of prompt collection and distribution of information throughout the state of New York as the police problems of the state may require. This basic system shall be known as the New York statewide police information network. Authority is hereby granted to connect the basic system herein provided for, directly or indirectly with other similar state, national or international systems.
§ 218. Installation, operation and maintenance of basic system; personnel. The superintendent of state police is hereby authorized to install, operate and maintain the basic system and to employ the necessary personnel, within the appropriation, for its installation, operation and maintenance; the persons so employed may be members of the state police, or employees, particularly qualified for the duty they are to perform.
§ 219. Availability. The basic system herein provided for may be made available for use by any department or division of the state government and by any municipal, county, town, village, railroad or other special police department lawfully maintained by any corporation in this state, subject to the following terms and conditions: (a) application for permission to connect with the basic system shall be made to the superintendent of state police on forms to be provided by him; (b) such application may be approved by the superintendent of state police if, as and when in his discretion such connection is requisite and necessary for the best interests of the entire system; (c) upon approval of such application and before the applicant shall be connected with the basic system, such applicant must agree to assume and pay all rentals for sending and receiving stations or receiving stations only, as may be authorized by the superintendent of state police for installation within the jurisdiction of the applicant, and any and all costs of installation and operation of such stations; (d) the state shall pay all rental for necessary wire or circuit mileage required to connect such stations with the basic system.
§ 220. Orders, rules or regulations. The basic system herein provided for shall remain at all times under the control of the superintendent of state police and such control may be exercised by him through any member of the state police as he shall designate for such purpose. The superintendent of state police is hereby authorized to make and issue such orders, rules or regulations for the use of this system as in his discretion are necessary for efficient operation.
§ 221. System of criminal justice information. 1. When any peace officer or police agency within this state shall receive a complaint that a felony involving the use of deadly physical force or a deadly weapon has been committed, and if the perpetrator thereof be not apprehended within thirty minutes after such complaint has been received, or, in the case of any other felony, if the perpetrator thereof be not apprehended within five hours, such police agency shall cause information of such felony to be electronically entered into the New York statewide police information network in accordance with the rules for such entry promulgated by the superintendent of state police. Police agencies not directly connected with the New York statewide police information network shall transmit such information to the nearest or most convenient electronic entry point, from which point it will be immediately dispatched, in conformity with the orders, rules or regulations governing the network.
2. Any warrant of arrest, bench warrant or superior court warrant of arrest, as such terms are defined in section 1.20 of the criminal procedure law, relating to any offense defined as a felony in subdivision five of section 10.00 of the penal law, or a probation warrant issued pursuant to section 410.40 of the criminal procedure law, must be entered into the system no later than forty-eight hours from the time it is received by the police officer or peace officer to whom it is addressed if the subject of the warrant has not been apprehended prior to that time.
3. When any police officer, peace officer or police agency in the state shall receive a complaint of a missing child, as defined in subdivision one of section eight hundred thirty-seven-e of this chapter, such police officer, peace officer or police agency may, in his or her discretion, as appropriate, cause information concerning such missing child to be promptly dispatched over the police communication system. Police agencies not connected with the basic system may transmit such information to the nearest or most convenient electronic entry point, from which point it may be promptly dispatched, in conformity with the orders, rules or regulations governing the system. No dispatch or transmission of a report concerning a missing child shall be required by this subdivision if the investigating police department advises, in its discretion, that the release of such information may jeopardize the investigation or the safety of the child, or requests forbearance for any reason.
§ 221-a. Computer system to carry information of orders of protection and warrants of arrest. 1. The superintendent, in consultation with the division of criminal justice services, office of court administration, and the office for the prevention of domestic violence, shall develop a comprehensive plan for the establishment and maintenance of a statewide computerized registry of all orders of protection issued pursuant to articles four, five, six, eight and ten of the family court act, section 530.12 of the criminal procedure law and, insofar as they involve victims of domestic violence as defined by section four hundred fifty-nine-a of the social services law, section 530.13 of the criminal procedure law and sections two hundred forty and two hundred fifty-two of the domestic relations law, and orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, special orders of conditions issued pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the criminal procedure law insofar as they involve a victim or victims of domestic violence as defined by subdivision one of section four hundred fifty-nine-a of the social services law or a designated witness or witnesses to such domestic violence, and all warrants issued pursuant to sections one hundred fifty-three and eight hundred twenty-seven of the family court act, and arrest and bench warrants as defined in subdivisions twenty-eight, twenty-nine and thirty of section 1.20 of the criminal procedure law, insofar as such warrants pertain to orders of protection or temporary orders of protection; provided, however, that warrants issued pursuant to section one hundred fifty-three of the family court act pertaining to articles three and seven of such act and section 530.13 of the criminal procedure law shall not be included in the registry. The superintendent shall establish and maintain such registry for the purposes of ascertaining the existence of orders of protection, temporary orders of protection, warrants and special orders of conditions, and for enforcing the provisions of paragraph (b) of subdivision four of section 140.10 of the criminal procedure law.
2. The superintendent shall prescribe standardized forms for warrants issued in connection with orders of protection and special orders of conditions included in the statewide computerized registry. Except for orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, only those standardized forms prescribed herein and pursuant to section eight hundred fourteen-a of the family court act, subdivision three of section two hundred forty of the domestic relations law, and subdivision twelve of section 530.12 and subdivision one of section 530.13 of the criminal procedure law shall be utilized in cases resulting in orders which must be entered into the statewide computerized registry.
3. Whenever any court issues an order of protection or special order of conditions, the sheriff's office or appropriate municipal police department in the county in which the complainant or petitioner resides, or if he or she resides within a city, the police department of such city, which receives a copy of the order of protection or special order of conditions from the clerk of the court or otherwise pursuant to law, shall promptly transmit such information on the order of protection or special order of conditions as required by rule and regulation over the law enforcement communication system, including but not limited to: the names of the parties to the proceeding giving rise to such order, the date such order becomes effective, the date such order was served or whether the defendant or respondent had actual knowledge of such order because he or she was present in court when such order was issued, the date such order is to expire, and the terms and conditions of such order. When any peace officer, acting pursuant to his or her special duties, or police officer receives a warrant issued by family court, supreme court or by a criminal court pertaining to an order of protection or special order of conditions, as described in subdivision one of this section, the officer shall cause specific information on the warrant as required by rule and regulation to be promptly dispatched over the law enforcement communication system. For purposes of this subdivision, municipal shall have the same meaning as municipality, as defined in subdivision six of section eight hundred thirty-five of this chapter. Notwithstanding the provisions of article fifty-four of the civil practice law and rules, a person entitled to protection under an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, may file such order without fee with the clerk of a court in this state having jurisdiction over family, criminal or matrimonial proceedings; such order shall be accompanied by a sworn affidavit that upon information and belief such order is in effect as written and has not been vacated or modified. Upon such filing, information regarding such order shall be transmitted to the statewide computerized registry in accordance with this section, provided, however, that such filing and registry entry shall not be required for enforcement of such order.
4. Courts and law enforcement officials, including probation officers, and employees of local correctional facilities and the department of corrections and community supervision who are responsible for monitoring, supervising or classification of incarcerated individuals or parolees shall have the ability to disclose and share information with respect to such orders and warrants consistent with the purposes of this section, subject to applicable provisions of the family court act, domestic relations law and criminal procedure law concerning the confidentiality, sealing and expungement of records.
5. In no case shall the state or any state or local law enforcement official or court official be held liable for any violations of rules and regulations promulgated under this section, or for damages for any delay or failure to file an order of protection or special order of conditions, or to transmit information to the law enforcement communication network pertaining to such orders or related family court arrest warrants, or for acting in reliance upon such information. For purposes of this subdivision law enforcement official shall include but not be limited to an employee of a sheriff's office, or a municipal police department or a peace officer acting pursuant to his or her special duties.
6. The superintendent shall establish procedures for the prompt removal of orders of protection and special orders of conditions from the active files of the registry upon their expiration. The superintendent shall establish procedures for prompt disclosure of such orders and warrants consistent with the purposes of paragraph (a-1) of subdivision one of section two hundred forty of the domestic relations law and subdivision (e) of section six hundred fifty-one of the family court act.
§ 221-b Reporting to New York state violent crimes analysis program. 1. Every law enforcement agency which receives a report of an actual or attempted abduction or molestation shall notify the New York state violent crimes analysis program, via the requirements of the New York statewide police information network, of such report. Such program shall make comparisons of data in its files, and report to the law enforcement agency making an initial report, any similarities to other reports received by such program. The violent crimes analysis program shall also notify the unit of a law enforcement agency which investigates homicides when a report reveals similarities, patterns or modus operandi which appear in reports of homicides.
2. Notwithstanding any other provision of law to the contrary, every law enforcement agency that accepts responsibility for investigating a homicide or attempted homicide, the discovery of unidentified human remains, a reported missing person case where circumstances indicate a strong possibility of foul play, or a sexual assault or attempted sexual assault, shall make a written report of such investigation to the New York state violent crimes analysis program. Such program shall conduct a computerized commonality analysis and provide the submitting law enforcement agency the results of such analysis. Every written report made to the violent crimes analysis program shall be in form and content as determined and prescribed by such program, upon the approval of the superintendent of state police. An initial written report shall be made to the violent crimes analysis program within thirty days of commencement of an investigation. The results of a computerized commonality analysis shall be provided by such program to the submitting law enforcement agency upon completion of such analysis in a timely manner, as prescribed by the superintendent of state police.
§ 221-c. Statewide repository of data relating to unlawful methamphetamine laboratories. The division of state police shall maintain a statewide repository of data relating to unlawful methamphetamine laboratories, and develop and implement a program to provide for the collection of data and the reporting thereof by law enforcement agencies. Data acquired by law enforcement agencies relating to unlawful methamphetamine laboratories shall be sent to the repository as soon as reasonably practicable. Data in the repository shall be made available to law enforcement agencies for the purpose of assisting them in combating the unlawful manufacture, preparation or production of methamphetamine.
§ 221-d. Discovery of an unlawful methamphetamine laboratory. 1. Whenever a law enforcement agency discovers or recognizes the presence of an unlawful methamphetamine laboratory, such agency shall, as soon as reasonably practicable, notify, or cause to be notified, the division of state police regarding the location of such laboratory.
2. Whenever the division of state police receives a report of an unlawful methamphetamine laboratory, or discovers or recognizes the presence of an unlawful methamphetamine laboratory, such division, as soon as reasonably practicable shall notify, or cause to be notified, the department of environmental conservation of such information.
§ 222. Radio communication system. The superintendent may establish a system of police radio communication and for such purpose may purchase or lease all necessary equipment for the operation thereof within the appropriation.
* § 223. Duties and powers of the superintendent of state police and of members of the state police. 1. It shall be the duty of the superintendent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. They shall also collect and analyze information relating to prevention and detection of terrorist threats and terrorist activities throughout the state and share all such information subject to paragraph (g) of subdivision two of section seven hundred nine of this chapter among the division of homeland security and emergency services, and local, state, and federal law enforcement agencies to ensure the coordination of appropriate intelligence to assist in the early identification of and response to potential terrorist threats and terrorist activities. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail.
2. The superintendent may, by written order, designate a police officer, as defined in paragraph (b), (c) or (d) of subdivision thirty-four of section 1.20 of the criminal procedure law, to assist members of the state police in order to more effectively address the detection of crime and apprehension of criminals within the state and its localities. Police officers so designated, while actively working in conjunction with members of the state police either directly or as part of a specific task force, shall be paid by and remain employees of their particular county, city, town or village, but shall for purposes of the criminal procedure law, have their geographic area of employment deemed to be New York state.
* NB Effective until September 1, 2025
* § 223. Duties and powers of the superintendent of state police and of members of the state police. It shall be the duty of the superintendent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. They shall also collect and analyze information relating to prevention and detection of terrorist threats and terrorist activities throughout the state and share all such information subject to paragraph (g) of subdivision two of section seven hundred nine of this chapter among the division of homeland security and emergency services and local, state, and federal law enforcement agencies to ensure the coordination of appropriate intelligence to assist in the early identification of and response to potential terrorist threats and terrorist activities. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail.
* NB Effective September 1, 2025
§ 224. Verification of complaint. Where a summons has been served by a member of the state police in lieu of arrest, in cases of violation of the vehicle and traffic law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to traffic, or in cases of violations of the navigation law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to navigation, any major, any captain or any lieutenant or sergeant of the state police assigned to the troop in which the service of the summons is reported, is hereby authorized to administer to such member all necessary oaths in connection with the execution of the complaint to be presented in court by such member in the prosecution of such offense.
§ 225. Enforcement of conservation law. All the powers and duties now conferred or imposed upon inspectors and game protectors under article four of the conservation law, in relation to fish, birds and quadrupeds, hereafter shall be exercised and performed by the state police, inspectors and game protectors.
§ 225-a. Lost and found property. The state police shall perform the duties with respect to found property and found instruments provided in article seven-b of the personal property law. The superintendent may designate a member or members of the state police to accept and keep custody of found property and instruments, may prescribe procedures for determining the value and for estimating the net sum likely to be realized by sale at public auction of lost property as defined in such article, for disposition of derelict automobiles and other property having no value or salvage value only and for sale of property as authorized by such article and may prescribe rules not inconsistent with such article seven-b with respect to form and manner of giving notices and with respect to forms of reports of found property or instruments and with respect to storage of found property.
§ 226. Employment of state police in towns, villages, police districts. 1. The governing board of any police district provided for under article fourteen-a of the town law or of any town or of any village, may from time to time respectively contract upon behalf of said district, town or village with the superintendent of state police upon behalf of the state for the regular assignment of state police to said district, town or village upon the following terms and conditions: The superintendent of state police shall detail such number of state police officers as shall be agreed upon to such district, town or village for a period of one year; the pay, maintenance and other expenses of such detail for a period of one year shall be computed by the superintendent of state police with the approval of the state comptroller pro rata upon the total cost of the pay, maintenance and similar expenses of the whole department; before such contract shall take effect the governing board of said district, town or village shall deposit to the credit of the division of state police in a depository to be designated by the state comptroller with proper sureties, one half the sum of money so computed and upon the first day of the sixth month during the continuance of said contract shall likewise deposit the remainder of said sum; the superintendent of state police, upon audit of the comptroller, shall draw upon said depository for the pay, maintenance and other expenses of said detail when due; said detail shall have all the powers and duties and shall remain at all times under the authority and discipline of the superintendent of state police as provided for state police assigned to regular duty under this article.
2. The superintendent of state police is authorized to appoint temporarily to the regular force provided for in this article, troopers, non-commissioned officers and officers to fill the places of those detailed under such agreements. In police districts the money to be deposited as required hereunder shall be provided for as authorized under article fourteen-a of the town law as added in nineteen hundred and twenty; in towns and villages the money so deposited shall be raised by taxation.
§ 227. Disability benefits. The following benefits shall be paid by the state on account of disability of a member of the division of state police:
1. To every person now a member or who shall hereafter become a member of the division of state police, who is now or who shall hereafter become physically or mentally unable to perform his regular duties in a manner satisfactory to the superintendent of the division of state police there shall be paid during the period of such disability an amount of not less than one-third nor more than one-half of his salary including maintenance allowance, which amount within such limits shall be determined by a board consisting of the superintendent of state police, the attorney-general and the state comptroller. A member of the New York state employees' retirement system who has heretofore served as a member of the division of state police for a period of fifteen years or more and who, following such a period of service, has heretofore been retired for ordinary disability under the provisions of section seventy-eight of the civil service law shall, notwithstanding the provisions of section ninety-three of the civil service law, receive from the state from appropriations made for the purpose of this section such sum as will bring his retirement allowance under section seventy-eight of the civil service law up to the amount which he would have received under this subdivision if he were not a member of the New York state employees' retirement system and were entitled to the benefits provided for by this subdivision, to be determined in the manner prescribed thereby.
2. The provisions of this section shall not apply in the case of any member of the division of state police who is a member of the New York state employees' retirement system unless he was retired by such system for ordinary disability prior to May twenty-second, nineteen hundred forty-two.
§ 227-a. Death benefits. 1. The following benefit shall be paid by the state on account of death of a member of the division of state police. To the widow, until she be married again, or the dependent children under the age of twenty-one years, or the dependent mother of every member of the division of state police whose death has been heretofore caused or shall hereafter be caused by injury or disease contracted in the performance of duty there shall be paid annually as long as such dependency continues upon certification of a board consisting of the superintendent of state police, the attorney general and the state comptroller, one-half the salary including maintenance allowance, received by such member at the time of death.
2. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and an employee organization representing members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists of the division of state police, or the collective negotiating unit consisting of troopers in the division of state police or the collective negotiating unit consisting of commissioned and non-commissioned officers of the division of state police established pursuant to article fourteen of the civil service law so provides, a survivor's benefit for a member in such negotiating unit shall be paid in an amount as provided in such agreement in the event that such employee dies subsequent to April first, nineteen hundred eighty-five, as the result of an accidental on-the-job injury, provided that it is finally determined by the appropriate federal authorities that a public safety officer's death benefit is not payable pursuant to sections three thousand seven hundred ninety-six through three thousand seven hundred ninety-six-c of title forty-two of the United States code, and provided further that a death benefit is paid pursuant to the workers' compensation law. Such survivor's benefit shall be paid to the member's surviving spouse and dependent children in the same proportion as the death benefit provided by the workers' compensation law is paid. In the event that the member is not survived by a spouse or dependent children, the survivor's benefit shall be paid to the estate of the member. Such survivor's benefit shall be in addition to and not in place of any other survivor's or death benefit payable on behalf of such member, except that such benefit shall not be payable if a public safety officer's death benefit is payable pursuant to sections three thousand seven hundred ninety-six through three thousand seven hundred ninety-six-c of the United States code.
3. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and an employee organization representing members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists of the division of state police or the collective negotiating unit consisting of troopers in the division of state police or the collective negotiating unit consisting of commissioned and non-commissioned officers of the division of state police established pursuant to article fourteen of the civil service law so provides, the state shall provide the child or children of such members for whom a survivor's benefit is paid pursuant to subdivision two of this section, or for whom a federal public safety officer's benefit is payable as specified in subdivision two of this section, with full tuition up to the amount charged by the state university of New York to attend any college or university provided, however, such child or children meet the entrance requirements of such college or university. Such child or children are those who are designated by the workers' compensation board to receive a death benefit pursuant to the workers' compensation law.
§ 228. National instant criminal background checks. 1. (a) The division is hereby authorized and directed to serve as a state point of contact for implementation of 18 U.S.C. sec. 922 (t), all federal regulations and applicable guidelines adopted pursuant thereto, and the national instant criminal background check system for the purchase of firearms and ammunition.
(b) Upon receiving a request from a licensed dealer pursuant to section eight hundred ninety-six or eight hundred ninety-eight of the general business law, the division shall initiate a background check by (i) contacting the National Instant Criminal Background Check System (NICS) or its successor to initiate a national instant criminal background check, and (ii) consulting the statewide firearms license and records database established pursuant to subdivision three of this section, in order to determine if the purchaser is a person described in sections 400.00 and 400.03 of the penal law, or is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm or ammunition.
2. (a) The division shall report the name, date of birth and physical description of any person prohibited from possessing a firearm pursuant to 18 U.S.C. sec. 922(g) or (n) to the national instant criminal background check system index, denied persons files.
(b) Information provided pursuant to this section shall remain privileged and confidential, and shall not be disclosed, except for the purpose of enforcing federal or state law regarding the purchase of firearms or ammunition.
(c) Any background check conducted by the division, or delegated authority, of any applicant for a permit, firearms identification card license, ammunition sale, or registration, in accordance with the requirements of section 400.00 of the penal law, shall not be considered a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such background check, including the applicant. Any application for a permit, firearms identification card, ammunition sale, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any state or municipal governmental agency, shall not be considered a public record and shall not be disclosed to any person not authorized by law to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.
3. The division shall create and maintain a statewide firearms license and records database which shall contain records held by the division and any records that it is authorized to request from the division of criminal justice services, office of court administration, New York state department of health, New York state office of mental health, and other local entities. Such database shall be used for the certification and recertification of firearm permits under section 400.02 of the penal law, assault weapon registration under subdivision sixteen-a of section 400.00 of the penal law, and ammunition sales under section 400.03 of the penal law. Such database shall also be used to initiate a national instant criminal background check pursuant to subdivision one of this section upon request from a licensed dealer. The division may create and maintain additional databases as needed to complete background checks pursuant to the requirements of this section.
4. The superintendent shall promulgate a plan to coordinate background checks for firearm and ammunition purchases pursuant to this section and to require any person, firm or corporation that sells, delivers or otherwise transfers any firearm or ammunition to submit a request to the division in order to complete the background checks in compliance with federal and state law, including the National Instant Criminal Background Check System (NICS), in New York state. Such plan shall include, but shall not be limited to, the following features:
(a) The creation of a centralized bureau within the division to receive and process all background check requests, which shall include a contact center unit and an appeals unit. Staff may include but is not limited to: bureau chief, supervisors, managers, different levels of administrative analysts, appeals specialists and administrative personnel. The division shall employ and train such personnel to administer the provisions of this section.
(b) Procedures for carrying out the duties under this section, including hours of operation.
(c) An automated phone system and web-based application system, including a toll-free telephone number and/or web-based application option for any licensed dealer requesting a background check in order to sell, deliver or otherwise transfer a firearm which shall be operational every day that the bureau is open for business for the purpose of responding to requests in accordance with this section.
5. (a) Each licensed dealer that submits a request for a national instant criminal background check pursuant to this section shall pay a fee imposed by the bureau for performing such background check. Such fee shall be allocated to the background check fund established pursuant to section ninety-nine-pp of the state finance law. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by the bureau in performing such background check.
(b) The bureau shall transmit all moneys collected pursuant to this paragraph to the state comptroller, who shall credit the same to the background check fund.
6. On January fifteenth of each calendar year, the bureau shall submit a report to the governor, the temporary president of the senate, and the speaker of the assembly concerning:
a. the number of employees used by the bureau in the preceding year for the purpose of performing background checks pursuant to this section;
b. the number of background check requests received and processed during the preceding calendar year, including the number of "proceed" responses and the number and reasons for denials;
c. the calculations used to determine the amount of the fee imposed pursuant to this paragraph.
7. Within sixty days of the effective date of this section, the superintendent shall notify each licensed dealer holding a permit to sell firearms of the requirement to submit a request to the division to initiate a background check pursuant to this section as well as the following means to be used to apply for background checks:
i. any person, firm or corporation that sells, delivers or otherwise transfers firearms shall obtain a completed ATF 4473 form from the potential buyer or transferee including name, date of birth, gender, race, social security number, or other identification numbers of such potential buyer or transferee and shall have inspected proper identification including an identification containing a photograph of the potential buyer or transferee.
ii. it shall be unlawful for any person, in connection with the sale, acquisition or attempted acquisition of a firearm from any transferor, to willfully make any false, fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification that is intended or likely to deceive such transferor with respect to any fact material to the lawfulness of the sale or other disposition of such firearm under federal or state law. Any person who violates the provisions of this subparagraph shall be guilty of a class A misdemeanor.
8. Any potential buyer or transferee shall have thirty days to appeal the denial of a background check, using a form established by the superintendent. Upon receipt of an appeal, the division shall provide such applicant a reason for a denial within thirty days. Upon receipt of the reason for denial, the appellant may appeal to the attorney general.
§ 229. Retirement for cause. a. The superintendent may recommend the retirement for cause of any member of the New York state police who is covered by the twenty year retirement plan set forth in section three hundred eighty-one-b of the retirement and social security law, and who has twenty-five or more years of creditable service under such plan. The superintendent shall mail a written notice of such recommendation to the member at his home address, which notice shall set forth the reasons for the recommendation. At any time within thirty days after the mailing of such recommendation, the member or any person authorized to act on his behalf may serve a written demand for a review of the recommendation. After the service of such demand the superintendent shall refer his recommendation to the review panel established pursuant to this section, the decision of which shall be subject to review only as provided in article seventy-eight of the civil practice law and rules.
b. The said review panel shall consist of three persons who shall be selected as follows. One person shall be selected by the superintendent. One person shall be selected by the employee organization recognized or certified to represent the member pursuant to the provisions of article fourteen of the civil service law. The third person shall be selected by the other two or, if they cannot agree, he shall be selected by the public employment relations board. Each of the three persons so selected shall be appointed by the superintendent and shall hold office until a successor has been selected and appointed.
c. If the member does not serve a timely demand for a review of the recommendation of the superintendent; or if the review panel shall adopt the recommendation of the superintendent, the superintendent shall certify the name of the member to the state comptroller for retirement for cause.
d. As used in this section, the term retirement for cause shall mean a retirement recommended by the superintendent after a finding by him that a member is no longer capable of performing his duties satisfactorily.
§ 230. Gun trafficking interdiction program. 1. There is hereby created within the division of criminal justice services a gun trafficking interdiction program to be administered by the commissioner of the division of criminal justice services to distribute funds in accordance with the provisions of this section for the purpose of interdicting guns and components of guns illegally entering New York with a focus on those "supplier" states from which substantial numbers of guns illegally enter this state.
2. The superintendent of the division of state police, in cooperation with the United States department of treasury, bureau of alcohol, tobacco and firearms and district attorneys in New York state, shall develop and implement a strategy for the interdiction of guns illegally entering New York from supplier states. The strategy shall include identifying and prosecuting gun traffickers and suppliers of such guns who may be violating federal, state or local laws, and cooperating with the United States department of treasury, bureau of alcohol, tobacco and firearms and appropriate prosecutorial agencies and law enforcement agencies in supplier states in the investigation and enforcement of such laws. District attorneys are authorized to enter into collaborative agreements with prosecutorial and other governmental agencies and entities in supplier states in an effort to stop the movement of illegal guns into New York.
3. The commissioner of the division of criminal justice services shall award grant monies to district attorneys for programs which are designed to interdict the flow of illegal guns across New York state borders. In order to qualify for such grant monies, a district attorney must submit an application to the commissioner of the division of criminal justice services in accordance with guidelines prescribed by the division of criminal justice services. The application shall identify a strategy and implementation plan for preventing the entry of illegal guns across New York's borders. Funds awarded under this section shall not be used to supplant federal, state or local funds. No more than fifty percent of the funds available pursuant to this section in any one fiscal year shall be awarded for programs within a single city, county, town or village.
4. The superintendent of the division of state police shall establish and maintain within the division a criminal gun clearinghouse as a central repository of information regarding all guns seized, forfeited, found or otherwise coming into the possession of any state or local law enforcement agency which are believed to have been used in the commission of a crime. The superintendent of the division of state police shall adopt and promulgate regulations prescribing reporting procedures for such state or local law enforcement agencies, including the form for reporting such information. In addition to any other information which the superintendent of the division of state police may require, the form shall require (a) the serial number or other identifying information on the gun, if available and (b) a brief description of the circumstances under which the gun came into the possession of the law enforcement agency, including the crime which was or may have been committed with the gun. Whenever a state or local law enforcement agency seizes or recovers a gun that was unlawfully possessed, recovered from a crime scene, or is reasonably believed to have been used in or associated with the commission of a crime or is otherwise recovered as an abandoned or discarded gun, the agency shall report such seized or recovered gun to the criminal gun clearinghouse as soon as practicable, but in no case more than twenty-four hours after the agency has taken possession of such gun. Every report made to the criminal gun clearinghouse will result in the prompt submission of a request to the national tracing center of the bureau of alcohol, tobacco, firearms and explosives to trace the movement of the subject gun and such federal agency will be requested to provide the results of such a trace to the superintendent of the division of state police and to the law enforcement agency that submitted the clearinghouse report.
5. All state and local law enforcement agencies shall participate in the bureau of alcohol, tobacco, firearms and explosives collective data sharing program for the purpose of sharing gun trace reports among all law enforcement agencies in the state on a reciprocal basis.
6. (a) The division of state police, in consultation with the division of criminal justice services, shall publish quarterly reports on their respective websites with information related to firearms, rifles and shotguns used in the commission of crimes in the state of New York, including but not limited to, information pertaining to the county and state of origin of the firearm, rifle or shotgun, the county and state where the firearm, rifle or shotgun was purchased, whether the firearm, rifle or shotgun was purchased by the perpetrator of the crime or by another individual, and whether the perpetrator had a license or permit to possess such firearm, rifle or shotgun.
(b) Each political subdivision, municipality, commission, agency, office, department, board and division in the state, to the extent not inconsistent with other provisions of law, shall cooperate fully with the division of state police and the division of criminal justice services and shall furnish such information and assistance, in the form and manner specified by the division of state police and the division of criminal justice services, as may be required in the performance of their function under this subdivision. If such information is not readily available or accessible, the relevant local law enforcement agency will make efforts to obtain such information, including but not limited to the reporting requirements set forth in subdivision five of this section. Such information shall be provided to the extent allowable by federal, state or any other applicable law.
7. (a) Whenever a state or local law enforcement agency seizes or recovers a gun that was unlawfully possessed, recovered from the scene of a crime, or is reasonably believed to have been used or associated with the commission of a crime, or is recovered by the agency as an abandoned or discarded gun, the agency shall arrange for every such gun that is determined to be suitable for test-firing and of a type that is eligible for national integrated ballistic information network data entry and correlation to be test-fired as soon as practicable, and the results of that test-firing shall be submitted forthwith to the national integrated ballistic information network to determine whether the gun is associated or related to a crime, criminal event, or any individual associated or related to a crime or criminal event or reasonably believed to be associated or related to a crime or criminal event.
(b) Whenever a state or local law enforcement agency recovers any ammunition cartridge case that is of a type that is eligible for national integrated ballistic information network data entry and correlation at a crime scene, or has reason to believe that such recovered ammunition cartridge case is related to or associated with the commission of a crime or the unlawful discharge of a gun, the agency shall, as soon as practicable, arrange for the ballistics information to be submitted to the national integrated ballistic information network.
8. Whenever a state or local law enforcement agency seizes or recovers any gun, the agency shall promptly enter the make, model, caliber, and serial number of the gun into the national crime information center (NCIC) system to determine whether the gun was reported stolen.
9. The superintendent may adopt rules and regulations to effectuate the provisions of this section.
§ 231. Uniform identification cards for retired police officers. 1. The superintendent shall develop and distribute uniform identification cards to all sworn members of New York state police, upon such members' retirement in good standing, which identification cards shall contain all the following information:
(a) the individual's name;
(b) a description of the individual as a retired sworn member of the New York state police;
(c) a state police photograph of the person;
(d) the New York State Police seal; and
(e) any other information the superintendent deems appropriate.
2. For purposes of this section "retirement in good standing" shall mean that the sworn member of the New York state police retired from his or her employment for reasons other than the avoidance of disciplinary charges.
§ 232. Sexual assault victims unit. There is hereby established within the division of state police the sexual assault victims unit, which shall be a specialized unit having advanced training in responding to sexual assaults, including campus sexual assaults, and related crimes. The sexual assault victims unit shall perform such tasks as determined by the superintendent, which shall include but not be limited to providing assistance, including forensic support services, to campus police or local police or sheriff's departments, and providing training to college campus communities.
§ 233. Municipal gun buyback program. 1. There is hereby established within the division of the state police a municipal gun buyback program. Agencies approved by the superintendent may participate subject to available appropriations and funds in the municipal gun buyback fund established pursuant to section ninety-seven-cc of the state finance law.
2. The division of state police shall administer the municipal gun buyback program and promulgate rules and regulations the superintendent deems necessary for the implementation of such program. Such rules shall include, but not be limited to:
(a) the manner in which an agency may apply for funds to support a municipal gun buyback program and the manner in which such funds will be allocated and distributed;
(b) guidelines for the safe storage and disposal of firearms, rifles, shotguns, and ammunition received as part of the program in the possession of the participating agency, return of any recovered stolen property to its rightful owner as appropriate, and retention for evidence of any firearm, rifle, or shotgun suspected to have been used in a crime;
(c) guidelines for an agency participating in the program to coordinate with community groups within its jurisdiction; and
(d) guidelines for allowing individuals to surrender firearms, rifles and shotguns and eligibility for monetary rewards.
3. The provisions of subparagraph (f) of paragraph one of subdivision a of section 265.20 of the penal law shall apply to any person voluntarily surrendering a firearm, rifle or shotgun pursuant to this section.
4. Any agency shall be authorized to develop and implement its own municipal gun buyback program provided it is otherwise permitted by law and conforms to the rules and regulations promulgated by the superintendent and outlined in subdivision two of this section.
5. For purposes of this section "agency" means the police force or department of any county, city, town, or village or a county sheriff.
§ 234. New York state police body-worn cameras program. 1. There is hereby created within the division of state police a New York state police body-worn cameras program. The purpose of the program is to increase accountability and evidence for law enforcement and the residents of the state by providing body-worn cameras to all state police officers while on patrol.
2. The division of state police shall provide body-worn cameras, to be worn by officers at all times, while on patrol. Such cameras shall record:
(a) immediately before an officer exits a patrol vehicle to interact with a person or situation, even if there is a dash camera inside such vehicle which might also be recording the interaction;
(b) all uses of force, including any physical aggression and use of a non-lethal or lethal weapon;
(c) all arrests and summonses;
(d) all interactions with people suspected of criminal activity;
(e) all searches of persons and property;
(f) any call to a crime in progress;
(g) investigative actions where there are interactions with members of the public;
(h) any interaction with an emotionally disturbed person; and
(i) any instances where officers feel any imminent danger or the need to document their time on duty.
3. The attorney general may investigate any instance where body cameras fail to record an event pursuant to this section.
4. At the discretion of the officer, body-worn cameras may not record:
(a) sensitive encounters, including but not limited to speaking with a confidential informant, or conducting a strip search; or
(b) when a member of the public asks such officer to turn off the camera; provided, however, such officer may continue recording if he or she thinks a record of that interaction should be generated.
5. The division of state police shall preserve recordings of such body-worn cameras and perform all upkeep on equipment used in such body-worn cameras. Such duties shall include:
(a) creating a secure record of all instances where there is recorded video or audio footage;
(b) ensuring officers have sufficient storage capacity on their cameras to allow for the recording of interactions required by this section; and
(c) ensuring officers have access to body-worn cameras for the recording of instances required by this section.
§ 235. Firearms safety training, and licensing appeals. 1. The superintendent shall, in conjunction with the commissioner of the division of criminal justice services, promulgate policies and procedures with regard to standardization of firearms safety training required under subdivision nineteen of section 400.00 of the penal law, which shall include the approval of course materials and the promulgation of proficiency standards for live fire training.
2. The superintendent, in conjunction with the commissioner of the division of criminal justice services, shall create an appeals board for the purpose of hearing appeals as provided in subdivision four-a of section 400.00 of the penal law and promulgate rules and regulations governing such appeals.
Section 210. Division of state police.
211. Employees.
212. Equipment.
213. Acquisition of real property.
214. Establishment of training school.
214-a. Child abuse prevention.
214-b. Family offense intervention.
214-c. Elder abuse awareness.
214-d. Human trafficking awareness.
214-e. Cardiopulmonary resuscitation training and retraining.
214-f. Emergency situations involving people with autism spectrum disorder and other developmental disabilities.
214-g. Opioid antagonist awareness.
214-h. Extreme risk protection orders.
214-h*2. Model law enforcement death notification policy.
215. Organization; salaries; qualifications; appointment; term; rules and regulations.
216. Bureau of criminal investigation.
216-a. Scientific crime detection laboratory.
216-b. Salary increments.
216-c. Holiday compensation.
216-d. Consumer product protection.
217. Communication.
218. Installation, operation and maintenance of basic system; personnel.
219. Availability.
220. Orders, rules or regulations.
221. System of criminal justice information.
221-a. Computer system to carry information of orders of protection and warrants of arrest.
221-b. Reporting to New York state violent crimes analysis program.
221-c. Statewide repository of data relating to unlawful methamphetamine laboratories.
221-d. Discovery of an unlawful methamphetamine laboratory.
222. Radio communication system.
223. Duties and powers of the superintendent of state police and of members of the state police.
224. Verification of complaint.
225. Enforcement of conservation law.
225-a. Lost and found property.
226. Employment of state police in towns, villages, police districts.
227. Disability benefits.
227-a. Death benefits.
228. National instant criminal background checks.
229. Retirement for cause.
230. Gun trafficking interdiction program.
231. Uniform identification cards for retired police officers.
232. Sexual assault victims unit.
233. Municipal gun buyback program.
234. New York state police body-worn cameras program.
235. Firearms safety training, and licensing appeals.
§ 210. Division of state police. The division of state police in the executive department shall be known as the "New York State Police." The head of the New York state police shall be the superintendent of state police who shall be appointed by the governor by and with the advice and consent of the senate, and hold office during his or her pleasure. The superintendent shall be a member of the state police, shall receive as salary such sum as may be appropriated by law, and shall accrue such leave credits and be eligible for the same retirement benefits, service credits and other benefits as any other member of the state police. If, prior to appointment, the superintendent served as a member of the state police, he or she, upon appointment, shall be entitled to continue to accrue and receive such credits and benefits as he or she would have been entitled to accrue and receive prior to appointment.
If, prior to his or her appointment, the superintendent shall have served as a member of the State Police for a period of ten years or more, he or she shall, provided he or she is not eligible for retirement, upon termination of service as superintendent, be reappointed, without examination, as a member of the state police in the grade held by him or her prior to appointment as superintendent, notwithstanding the absence of any vacancy in such grade. For the purpose of determining the annual salary to be paid upon such reappointment, the period of service as superintendent shall be counted as service in the grade to which reappointed.
§ 211. Employees. The superintendent may appoint such employees as may be necessary and fix their compensation within such sum as may be appropriated by law. Persons appointed to competitive positions within the division who meet the definition of veteran or disabled veteran as defined in section eighty-five of the civil service law shall be entitled to additional credit and preference as conferred by that law and in the same manner, except that, notwithstanding any law to the contrary, with respect to any candidate applying for credit in a competitive examination for original appointment as a disabled or non-disabled veteran, such candidate may apply provisionally for such credit while still an active member of the armed forces. The application for provisional credit may be made at any time between the date of his or her application for the competitive examination and the date the eligible list is established. In cases where there has been a provisional application, the superintendent shall grant final credit only if the candidate renews his or her application within ninety days following termination of the candidate's military duty, and the candidate's period of eligibility on the list has not expired, and the candidate satisfies the appropriate statutory requirements for eligibility. Pending the granting of final credit, the candidate's ranking on any eligible list shall reflect the provisional credit.
§ 212. Equipment. The superintendent is authorized on behalf of the state to purchase, lease or lease-purchase, within the amounts appropriated therefor, necessary equipment and supplies, including but not limited to, vehicles and aircraft subject to the approval of the director of the budget, and uniforms; when any state property shall become unfit for use it shall be disposed of in accordance with the provisions of the finance law.
§ 213. Acquisition of real property. 1. The superintendent shall from time to time establish headquarters or substations in such localities as he shall deem most suitable for the efficient performance of police duty in the rural sections of the state, and for that purpose and for other purposes of the division he may, when an appropriation therefor has been made by the legislature, acquire, in the name of the people of the state of New York, by lease, purchase, lease-purchase subject to the approval of such lease-purchase agreement by the director of the budget or, pursuant to the provisions of the eminant domain procedure law, any real property which he may deem necessary therefor; provided, however, that no such real property shall be so acquired by purchase or lease-purchase unless the title thereto shall be approved by the attorney general.
2. Whenever real property is to be acquired pursuant to the eminent domain procedure law, the superintendent shall cause to be made by the state department of transportation an accurate acquisition map.
3. On the approval of such map by the superintendent of the division of state police, the original tracing of such map shall be filed in the main office of the division of state police pursuant to the provisions of the eminent domain procedure law.
4. If the superintendent shall determine, prior to the filing of such map in the office of the clerk or register of the county, that changes, alterations or modifications of such map as filed in the main office of the division of state police should be made, he or she shall, subject to the provisions of article two of the eminent domain procedure law, if applicable, direct the preparation by the department of transportation of an amended map. On the approval of such amended map by the superintendent, it shall be filed in the main office of the division of state police and the amended map shall thereupon in all respects and for all purposes supersede the map previously filed.
5. If the superintendent shall determine, prior to the filing of a copy of such acquisition map in the office of the county clerk or register as provided in section four hundred two of the eminent domain procedure law, that such map should be withdrawn, he or she may file a certificate of withdrawal in the offices of the division of state police and of the department of law. Upon the filing of such certificate of withdrawal, the map to which it refers shall be cancelled and all rights thereunder shall cease and determine.
6. The superintendent shall deliver to the attorney general a copy of such acquisition map, whereupon it shall be the duty of the attorney general to advise and certify to the superintendent the names of the owners of the property, easements, interests or rights described in the said acquisition map, including the owners of any right, title or interest therein pursuant to the requirements of section four hundred three of the eminent domain procedure law.
7. If, at or after the vesting of title to such property in the people of the state of New York as provided for in the eminent domain procedure law, the superintendent shall deem it necessary to cause the removal of an owner or occupant from any real property so acquired, he may cause such owner or occupant to be removed therefrom by proceeding in accordance with section four hundred five of the eminent domain procedure law. The proceeding shall be brought in the name of the superintendent as agent of the state and the attorney general shall represent the petitioner in the proceedings. No execution shall issue for costs, if any, awarded against the state or the superintendent, but they shall be part of the costs of the acquisition of the real property and be paid in like manner. Proceedings may be brought separately against one or more of the owners or occupants of any such property, or one proceeding may be brought against all or several of the owners or occupants of any or all such property within the territorial jurisdiction of the same court, justice or judge; precepts or final orders shall be made for immediate removal of persons defaulting in appearance or in answering, or withdrawing their answers, if any, without awaiting the trial or decision of issues raised by contestants, if any.
8. Upon making any agreement provided for in section three hundred four of the eminent domain procedure law, the superintendent shall deliver to the comptroller such agreement and a certificate stating the amount due such owner or owners thereunder on account of such appropriation of his or their property and the amounts so fixed shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of such real property, but not until there shall have been filed with the comptroller a certificate of the attorney general showing the person or persons claiming the amount so agreed upon to be legally entitled thereto.
9. Application for reimbursement of incidental expenses as provided in section seven hundred two of the eminent domain procedure law shall be made to the superintendent upon forms prescribed by him and shall be accompanied by such information and evidence as the superintendent may require. Upon approval of such application, the superintendent shall deliver a copy thereof to the comptroller together with a certificate stating the amount due thereof, and the amount so fixed shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of property under this section.
10. The commissioner, with the approval of the director of the budget, shall establish and may from time to time amend rules and regulations authorizing the payment of actual reasonable and necessary moving expenses of occupants of property acquired pursuant to this section; of actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not exceeding an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the commissioner; and actual reasonable expenses in searching for a replacement business or farm; or in hardship cases for the advance payment of such expenses and losses. For the purposes of making payment of such expenses and losses only the term "business" means any lawful activity conducted primarily for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. Such rules and regulations may further define the terms used in this subdivision. In lieu of such actual reasonable and necessary moving expenses, any such displaced owner or tenant of residential property may elect to accept a moving expense allowance, plus a dislocation allowance, determined in accordance with a schedule prepared by the commissioner and made a part of such rules and regulations. In lieu of such actual reasonable and necessary moving expenses, any such displaced owner or tenant of commercial property who relocates or discontinues his business or farm operation may elect to accept a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall be not less than two thousand five hundred dollars nor more than ten thousand dollars. In the case of a business, no such fixed relocation payment shall be made unless the commissioner finds and determines that the business cannot be relocated without a substantial loss of its existing patronage, and that the business is not part of a commercial enterprise having at least one other establishment, which is not being acquired by the state or the United States, which is engaged in the same or similar business. In the case of a business which is to be discontinued but for which the findings and determinations set forth above cannot be made, the commissioner may prepare an estimate of what the actual reasonable and necessary moving expenses, exclusive of any storage charges, would be if the business were to be relocated and enter into an agreed settlement with the owner of such business for an amount not to exceed such estimate in lieu of such actual reasonable and necessary moving expenses. Application for payment under this subdivision shall be made to the commissioner upon forms prescribed by him and shall be accompanied by such information and evidence as the commissioner may require. Upon approval of such application, the commissioner shall deliver a copy thereof to the comptroller together with a certificate stating the amount due thereunder, and the amount so fixed shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of property under this section. As used in this subdivision the term "commercial property" shall include property owned by an individual, family, partnership, corporation, association or a nonprofit organization and includes a farm operation. As used in this subdivision the term "business" means any lawful activity, except a farm operation, conducted primarily for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; for the sale of services to the public; or by a nonprofit organization.
11. Authorization is hereby given to the commissioner to make supplemental relocation payments, separately computed and stated, to displaced owners and tenants of residential property acquired pursuant to this section who are entitled thereto, as determined by him. The commissioner, with the approval of the director of the budget, may establish and from time to time amend rules and regulations providing for such supplemental relocation payments. Such rules and regulations may further define the terms used in this subdivision. In the case of property acquired pursuant to this section which is improved by a dwelling actually owned and occupied by the displaced owner for not less than one hundred eighty days immediately prior to initiation of negotiations for the acquisition of such property, such payment to such owner shall not exceed fifteen thousand dollars. Such payment shall be the amount, if any, which, when added to the acquisition payment equals the average price, established by the commissioner on a class, group or individual basis, required to obtain a comparable replacement dwelling that is decent, safe and sanitary to accommodate the displaced owner, reasonably accessible to public services and places of employment and available on the private market, but in no event shall such payment exceed the difference between acquisition payment and the actual purchase price of the replacement dwelling. Such payment shall include an amount which will compensate such displaced owner for any increased interest costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired pursuant to this section was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred eighty days prior to the initiation of negotiations for the acquisition of such dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. Any such mortgage interest differential payment shall, notwithstanding the provisions of section twenty-six-b of the general construction law, be in lieu of and in full satisfaction of the requirements of such section. Such payment shall include reasonable expenses incurred by such displaced owner for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. Such payment shall be made only to a displaced owner who purchases and occupies a replacement dwelling which is decent, safe and sanitary within one year subsequent to the date on which he is required to move from the dwelling acquired pursuant to this section or the date on which he receives from the state final payment of all costs of the acquired dwelling, whichever occurs later, except advance payment of such amount may be made in hardship cases. In the case of property acquired pursuant to this section from which an individual or family, not otherwise eligible to receive a payment pursuant to the above provisions of this subdivision, is displaced from any dwelling thereon which has been actually and lawfully occupied by such individual or family for not less than ninety days immediately prior to the initiation of negotiations for the acquisition of such property, such payment to such individual or family shall not exceed four thousand dollars. Such payment shall be the amount which is necessary to enable such individual or family to lease or rent for a period not to exceed four years, a decent, safe, and sanitary dwelling of standards adequate to accommodate such individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities and reasonably accessible to his place of employment, but shall not exceed four thousand dollars, or to make the down payment, including reasonable expenses incurred by such individual or family for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses, on the purchase of a decent, safe and sanitary dwelling of standards adequate to accommodate such individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities, but shall not exceed four thousand dollars, except if such amount exceeds two thousand dollars, such person must equally match any such amount in excess of two thousand dollars, in making the down payment. Such payments may be made in installments as determined by the commissioner. Application for payment under this subdivision shall be made to the commissioner upon forms prescribed by him and shall be accompanied by such information and evidence as the commissioner may require. Upon approval of such application, the commissioner shall deliver a copy thereof to the comptroller, together with a certificate stating the amount due thereunder, and the amount so fixed shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of property under this section.
12. The owner of any real property so acquired may present to the court of claims, pursuant to section five hundred three of the eminent domain procedure law a claim for the value of such property acquired and for legal damages caused by such acquisition, as provided by law for the filing of claims with the court of claims. Awards and judgments of the court of claims shall be paid in the same manner as awards and judgments of that court for the acquisition of lands generally and shall be paid out of the state treasury after audit by the comptroller from moneys appropriated for the acquisition of such real property.
13. If the superintendent shall determine subsequent to the acquisition of a temporary easement in any real property that the purposes for which such easement right was acquired have been accomplished and that the exercise of such easement is no longer necessary, he shall make his certificate that the exercise of such easement is no longer necessary and that such easement right is therefore terminated, released and extinguished. The superintendent shall cause such certificate to be filed in the office of the department of state and upon such filing all rights acquired by the state in such property shall cease and determine. The superintendent shall cause a certified copy of such certificate as so filed in the office of the department of state to be mailed to the owner of the property affected, as certified by the attorney general, if the place of residence of such owner is known or can be ascertained by a reasonable effort and such superintendent shall cause a further certified copy of such certificate to be filed in the office of the recording officer of each county in which the property affected or any part thereof is situated. On the filing of such certified copy of such certificate with such recording officer, it shall be his duty to record the same in his office in the books used for recording deeds and to index the same against the name of the people of the state of New York as grantor.
§ 214. Establishment of training school. The superintendent may establish and maintain a training school and make rules and regulations for the conduct thereof; provided, however, that such regulations shall provide that the children or surviving spouse of a state police officer killed in the line of duty shall, if otherwise qualified, have a prior and preferred right over other applicants to appointment to such training school or academy.
§ 214-a. Child abuse prevention. The superintendent shall, for all members of the state police: (1) develop, maintain and disseminate written policies and procedures pursuant to title six of article six of the social services law and applicable provisions of article ten of the family court act, regarding the mandatory reporting of child abuse or neglect, reporting procedures and obligations of persons required to report, provisions for taking a child into protective custody, mandatory reporting of deaths, immunity from liability, penalties for failure to report and obligations for the provision of services and procedures necessary to safeguard the life or health of the child; and (2) establish, and implement on an ongoing basis, a training program for all current and new employees regarding the policies and procedures established pursuant to this section.
§ 214-b. Family offense intervention. The superintendent shall, for all members of the state police including new and veteran officers, develop, maintain and disseminate, in consultation with the state office for the prevention of domestic violence, written policies and procedures consistent with article eight of the family court act and applicable provisions of the criminal procedure and domestic relations laws, regarding the investigation of and intervention in incidents of family offenses. Such policies and procedures shall make provision for education and training in the interpretation and enforcement of New York's family offense laws, including but not limited to:
(a) intake and recording of victim statements, and the prompt translation of such statements if made in a language other than English, in accordance with subdivision (c) of this section, on a standardized "domestic violence incident report form" promulgated by the state division of criminal justice services in consultation with the superintendent and with the state office for the prevention of domestic violence, and the investigation thereof so as to ascertain whether a crime has been committed against the victim by a member of the victim's family or household as such terms are defined in section eight hundred twelve of the family court act and section 530.11 of the criminal procedure law;
(b) the need for immediate intervention in family offenses including the arrest and detention of alleged offenders, pursuant to subdivision four of section 140.10 of the criminal procedure law, and notifying victims of their rights, in their native language, if identified as other than English, in accordance with subdivision (c) of this section, including but not limited to immediately providing the victim with the written notice provided in subdivision six of section 530.11 of the criminal procedure law and subdivision five of section eight hundred twelve of the family court act.
(c) The superintendent, in consultation with the division of criminal justice services and the office for the prevention of domestic violence shall determine the languages in which such translation required by subdivision (a) of this section, and the notification required pursuant to subdivision (b) of this section, shall be provided. Such determination shall be based on the size of the New York state population that speaks each language and any other relevant factor. Such written notice required pursuant to subdivision (b) of this section shall be made available to all state police officers in the state.
§ 214-c. Elder abuse awareness. The superintendent, in cooperation with the state office for the aging and the office of children and family services, shall, for all members of the division of state police: (1) develop, maintain and disseminate educational material relating to abuse of adults, including physical abuse, sexual abuse, emotional abuse, active neglect, passive neglect, self neglect, and financial exploitation, as such terms are defined in section four hundred seventy-three of the social services law, and identity theft, and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters such abuse, including the provision of information and referral.
§ 214-d. Human trafficking awareness. The superintendent, in consultation with the office of temporary and disability assistance and the division of criminal justice services, shall: (1) develop, maintain and disseminate to all members of the state police, including new and veteran officers, written policies, procedures and educational materials relating to human trafficking victims, including services available for victims of human trafficking, as referenced in section four hundred eighty-three-bb of the social services law; and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters an individual believed to be a victim of human trafficking, which shall include, but not be limited to, the provision of information and/or referral to an appropriate provider of social and legal services to human trafficking victims, in accordance with such section four hundred eighty-three-bb.
§ 214-e. Cardiopulmonary resuscitation training and retraining. 1. For the purposes of this section, "cardiopulmonary resuscitation" shall have the same meaning as provided in subdivision six of section six hundred twenty-one of the general business law.
2. Each member of the division of state police shall be:
(a) trained in cardiopulmonary resuscitation during the training process to become a trooper;
(b) retrained in cardiopulmonary resuscitation every two years; and
(c) required to demonstrate the satisfactory completion of training in cardiopulmonary resuscitation.
§ 214-f. Emergency situations involving people with autism spectrum disorder and other developmental disabilities. The superintendent shall, for all members of the state police:
1. Develop, maintain and disseminate, in consultation with the commissioner of the office for people with developmental disabilities, written policies and procedures consistent with section 13.43 of the mental hygiene law, regarding the handling of emergency situations involving individuals with autism spectrum disorder and other developmental disabilities. Such policies and procedures shall make provisions for the education and training of new and veteran police officers on the handling of emergency situations involving individuals with developmental disabilities; and
2. Recommend to the governor, rules and regulations with respect to establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers.
§ 214-g. Opioid antagonist awareness. The superintendent, in cooperation with the department of health and the office of alcoholism and substance abuse services, shall, for all members of the division of state police: (1) develop, maintain and disseminate appropriate instruction regarding section 60.49 of the criminal procedure law, and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters a person who possesses opioid antagonists.
* § 214-h. Extreme risk protection orders. The superintendent shall for all members of the division of state police, including new and veteran officers, develop, maintain and disseminate written policies and procedures and educational materials regarding the availability of and procedure for filing extreme risk protection orders under article sixty-three-A of the civil practice law and rules, including the requirements for police officers under section six thousand forty-one of such law.
* NB There are 2 § 214-h's
* § 214-h. Model law enforcement death notification policy. The superintendent, in collaboration with the office of victim services, shall, for all members of the division of state police:
1. Develop, maintain and disseminate a model law enforcement death notification policy setting forth recommended policies and procedures regarding in-person death notifications to a deceased individual's next of kin. Such policies and procedures shall make provisions for education and training of current and new police officers in the planning, preparation, and delivery of in-person death notifications, including but not limited to, policies and procedures for:
(a) the identification of the deceased individual, the collection of accurate information regarding the deceased individual, and the identification of the deceased individual's next of kin; and
(b) the actual delivery of in-person death notifications to the deceased individual's next of kin within twenty-four hours following the identification of such individual; provided, however, such policies and procedures shall provide that, in the event that an in-person death notification cannot be provided to the deceased individual's next of kin within such timeframe, the failure or delay of such notification shall be documented and such notification shall instead be made as soon as practicable.
2. Recommend to the governor rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this section, along with recommendations for periodic retraining of police officers.
3. Disseminate the model law enforcement death notification policy promulgated in accordance with this section to all members of the state police and develop a model training program for all current and new police officers regarding the policies and procedures established pursuant to such section.
* NB There are 2 § 214-h's
§ 215. Organization; salaries; qualifications; appointment; term; rules and regulations. 1. The New York state police shall, in addition to the superintendent, consist of the following sworn members:
(a) a headquarters staff consisting of the following positions:
(1) one first deputy superintendent;
(2) one deputy superintendent who shall serve as field commander;
(3) one deputy superintendent in charge of administrative services;
(4) one deputy superintendent in charge of employee relations, training and human resources;
(5) one deputy superintendent who shall serve as chief inspector in charge of inspectional services and internal affairs;
(6) one counsel;
(7) seven assistant deputy superintendents, one of whom shall be assigned to the uniform force, one to the bureau of criminal investigation, two for administrative services, one for employee relations, training and human resources, and two who shall serve as deputy chief inspectors;
(8) one confidential assistant;
(9) one first assistant counsel and such assistant counsels and staff attorneys as the superintendant may appoint;
(10) such inspectors as the superintendent may appoint;
(11) such majors, one of whom shall be the director of training and commanding officer of the New York state police academy and one of whom shall be in charge of the detail assigned for special duty with the governor, as the superintendent may appoint;
(12) such captains as the superintendent may appoint;
(13) such technical lieutenants as the superintendent may appoint;
(14) one chief technical sergeant;
(15) such staff sergeants and technical sergeants as the superintendent may appoint from time to time; and
(16) such additional members as the superintendent may deem necessary for the adequate and proper administration of the New York state police.
(b) in addition to the headquarters staff there shall be not less than ten troops each composed of:
(1) one major;
(2) not less than seven lieutenants; such lieutenants designated as captains by the superintendent shall serve as zone commanders;
(3) one first sergeant;
(4) such sergeants as the superintendent may appoint within the sums appropriated therefor; sergeants designated by the superintendent as zone sergeants shall serve as assistant zone commanders;
(5) such technical sergeants as the superintendent may appoint from time to time within the sums appropriated therefor;
(6) such corporals as shall hold office as such; and
(7) such troopers as the superintendent may appoint within the sums appropriated therefor.
Appointment or assignment to such positions shall be made by the superintendent who shall also fix the salaries for such positions subject to the approval of the director of the budget within the sums appropriated therefor.
The superintendent may appoint to the troops, within the sums appropriated therefor, as members of the New York state police, such numbers as may be required to carry out the purposes of the New York state police, and he may also from time to time, within the sums appropriated therefor, appoint such other additional personnel as may be required for all necessary police purposes, including policing and protecting the lands and parkways of the state.
2. a. Salary schedules for the titles of trooper, sergeant, technical sergeant, station commander, zone sergeant, first sergeant, staff sergeant, chief technical sergeant, lieutenant, technical lieutenant, lieutenant BCI, captain, captain BCI and major:
(1) Effective April first, two thousand eighteen, members of the collective negotiating unit consisting of troopers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $55,073 Trainee 2 $73,365 $74,529 $74,832 $73,146 Step 1 $78,124 $79,289 $79,595 $77,909 Step 2 $82,882 $84,047 $84,353 $82,665 Step 3 $85,731 $86,895 $87,201 $85,514 Step 4 $89,109 $90,272 $90,578 $88,890 Step 5 $92,862 $94,025 $94,332 $92,644
(2) Effective April first, two thousand nineteen, members of the collective negotiating unit consisting of troopers in the division of state police shall receive the basic annual salary pursuant to the following schedule, except that (a) any member at the trainee 1 rate as of March 31, 2019 shall receive the salary in this subparagraph (if eligible) and progress to the trainee 2 rate as provided in subparagraph one of this paragraph until such time as they complete their service in the trainee 2 rate and at such time they shall move to the Step 1 in this subparagraph and (b) any member at the trainee 2 rate, pursuant to subparagraph one of this paragraph, as of March thirty-first, two thousand nineteen shall receive a two percent increase in salary rather than the trainee 2 rate in this paragraph until such time as they complete their service as a trainee 2 and move to the Step 1 rate in the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $56,174 Trainee 2 $56,174 $56,174 $56,174 $56,174 Step 1 $79,686 $80,875 $81,187 $79,467 Step 2 $84,540 $85,728 $86,040 $84,318 Step 3 $87,446 $88,633 $88,945 $87,224 Step 4 $90,891 $92,077 $92,390 $90,668 Step 5 $94,719 $95,906 $96,219 $94,497
(3) Effective April first, two thousand twenty, members of the collective negotiating unit consisting of troopers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $57,297 Trainee 2 $57,297 $57,297 $57,297 $57,297 Step 1 $81,280 $82,493 $82,811 $81,056 Step 2 $86,231 $87,443 $87,761 $86,004 Step 3 $89,195 $90,406 $90,724 $88,968 Step 4 $92,709 $93,919 $94,238 $92,481 Step 5 $96,613 $97,824 $98,143 $96,387
(4) Effective April first, two thousand twenty-one, members of the collective negotiating unit consisting of troopers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $58,443 Trainee 2 $58,443 $58,443 $58,443 $58,443 Step 1 $82,906 $84,143 $84,467 $82,677 Step 2 $87,956 $89,192 $89,516 $87,724 Step 3 $90,979 $92,214 $92,538 $90,747 Step 4 $94,563 $95,797 $96,123 $94,331 Step 5 $98,545 $99,780 $100,106 $98,315
(5) Effective April first, two thousand twenty-two, members of the collective negotiating unit consisting of troopers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
Orange, City of New Nassau and All Other
Putnam and York, Rockland Suffolk Locations
Dutchess and Westchester Counties
Counties Counties Trainee 1 N/A N/A N/A $59,612 Trainee 2 $59,612 $59,612 $59,612 $59,612 Step 1 $84,564 $85,826 $86,156 $84,331 Step 2 $89,715 $90,976 $91,306 $89,478 Step 3 $92,799 $94,058 $94,389 $92,562 Step 4 $96,454 $97,713 $98,045 $96,218 Step 5 $100,516 $101,776 $102,108 $100,281
(6) Effective April first, two thousand eighteen, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $109,380 $110,546 $110,851 $109,163 Station Commander $112,914 $114,080 $114,385 $112,700 Zone Sergeant $114,717 $115,878 $116,183 $114,500 First, Staff and Chief T/ Sgt $120,619 $121,781 $122,087 $120,401 Lieutenant and Technical Lieutenant $130,715 $131,878 $132,183 $130,500 Lieutenant BCI $133,275 $134,439 $134,744 $133,057 Captain $139,403 $140,567 $140,875 $139,187 Captain BCI $142,002 $143,163 $143,470 $141,783 Major $148,540 $149,703 $150,008 $148,321
(7) Effective April first, two thousand nineteen, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $111,568 $112,757 $113,068 $111,346 Station Commander $115,172 $116,362 $116,673 $114,954 Zone Sergeant $117,011 $118,196 $118,507 $116,790 First, Staff and Chief T/ Sgt $123,031 $124,217 $124,529 $122,809 Lieutenant and Technical Lieutenant $133,329 $134,516 $134,827 $133,110 Lieutenant BCI $135,941 $137,128 $137,439 $135,718 Captain $142,191 $143,378 $143,693 $141,971 Captain BCI $144,842 $146,026 $146,339 $144,619 Major $151,511 $152,697 $153,008 $151,287
(8) Effective April first, two thousand twenty, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $113,799 $115,012 $115,329 $113,573 Station Commander $117,475 $118,689 $119,006 $117,253 Zone Sergeant $119,351 $120,560 $120,877 $119,126 First, Staff and Chief T/ Sgt $125,492 $126,701 $127,020 $125,265 Lieutenant and Technical Lieutenant $135,996 $137,206 $137,524 $135,772 Lieutenant BCI $138,660 $139,871 $140,188 $138,432 Captain $145,035 $146,246 $146,567 $144,810 Captain BCI $147,739 $148,947 $149,266 $147,511 Major $154,541 $155,751 $156,068 $154,313
(9) Effective April first, two thousand twenty-one, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $116,075 $117,312 $117,636 $115,844 Station Commander $119,825 $121,063 $121,386 $119,598 Zone Sergeant $121,738 $122,971 $123,295 $121,509 First, Staff and Chief T/ Sgt $128,002 $129,235 $129,560 $127,770 Lieutenant and Technical Lieutenant $138,716 $139,950 $140,274 $138,487 Lieutenant BCI $141,433 $142,668 $142,992 $141,201 Captain $147,936 $149,171 $149,498 $147,706 Captain BCI $150,694 $151,926 $152,251 $150,461 Major $157,632 $158,866 $159,189 $157,399
(10) Effective April first, two thousand twenty-two, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule:
O/P/Du NYC/R/W Nass/Suff All Others Sergeant and Technical Sergeant $118,397 $119,658 $119,989 $118,161 Station Commander $122,222 $123,484 $123,814 $121,990 Zone Sergeant $124,173 $125,430 $125,761 $123,939 First, Staff and Chief T/ Sgt $130,562 $131,820 $132,151 $130,325 Lieutenant and Technical Lieutenant $141,490 $142,749 $143,079 $141,257 Lieutenant BCI $144,262 $145,521 $145,852 $144,025 Captain $150,895 $152,154 $152,488 $150,660 Captain BCI $153,708 $154,965 $155,296 $153,470 Major $160,785 $162,043 $162,373 $160,547
b. The salary schedules in subparagraphs one, two, three and four of paragraph a of this subdivision shall reflect a five-step progression from the entry level, step 1 salary to the highest level, step 5, for the position of trooper.
c. The salary schedules in paragraph a of this subdivision reflect the basic annual salary for employees in those titles listed whose principal place of employment, or in the case of a field employee, whose official station as determined in accordance with the regulations of the state comptroller is located in the locations listed in the salary schedule. The salary schedules shall not be applicable to those members in the title of Special Trooper.
2-a. The superintendent may also appoint a division physician who shall be the medical consultant and chief medical examiner of the New York state police, and assistant division physicians each of whom shall be an assistant medical consultant and assistant chief medical examiner of the New York state police.
3. The sworn members of the New York state police shall be appointed by the superintendent and permanent appointees may be removed by the superintendent only after a hearing. No person shall be appointed to the New York state police force as a sworn member unless he or she shall be a citizen of the United States, between the ages of twenty-one and twenty-nine years except that in the superintendent's discretion, the maximum age may be extended to thirty-five years. Notwithstanding any other provision of law or any general or special law to the contrary the time spent on military duty, not exceeding a total of six years, shall be subtracted from the age of any applicant who has passed his or her twenty-ninth birthday, solely for the purpose of permitting qualification as to age and for no other purpose. Such limitations as to age however shall not apply to persons appointed to the positions of counsel, first assistant counsel, assistant counsel, and assistant deputy superintendent for employee relations nor to any person appointed to the bureau of criminal investigation pursuant to section two hundred sixteen of this article nor shall any person be appointed unless he or she has fitness and good moral character and shall have passed a physical and mental examination based upon standards provided by the rules and regulations of the superintendent. Appointments shall be made for a probationary period which, in the case of appointees required to attend and complete a basic training program at the state police academy, shall include such time spent attending the basic school and terminate one year after successful completion thereof. All other sworn members shall be subject to a probationary period of one year from the date of appointment. Following satisfactory completion of the probationary period the member shall be a permanent appointee. Voluntary resignation or withdrawal from the New York state police during such appointment shall be submitted to the superintendent for approval. Reasonable time shall be required to account for all equipment issued or for debts or obligations to the state to be satisfied. Resignation or withdrawal from the division during a time of emergency, so declared by the governor, shall not be approved if contrary to the best interest of the state and shall be a misdemeanor. No sworn member removed from the New York state police shall be eligible for reappointment. The superintendent shall make rules and regulations subject to approval by the governor for the discipline and control of the New York state police and for the examination and qualifications of applicants for appointment as members thereto and such examinations shall be held and conducted by the superintendent subject to such rules and regulations. The superintendent is authorized to charge a fee of twenty dollars as an application fee for any person applying to take a competitive examination for the position of trooper, and a fee of five dollars for any competitive examination for a civilian position. The superintendent shall promulgate regulations subject to the approval of the director of the budget, to provide for a waiver of the application fee when the fee would cause an unreasonable hardship on the applicant and to establish a fee schedule and charge fees for the use of state police facilities.
3-a. Notwithstanding any other law, rule or regulation to the contrary, the superintendent shall promulgate rules and regulations subject to approval by the governor for the administration of supplemental competitive examinations, to be given at not less than six month intervals for two years following the application deadline date of the regular competitive examination for the position of trooper, for individuals who, on the application deadline date or on the date of the regular competitive examination, are in the active military service and are otherwise qualified to sit for such exam.
4. The comptroller is hereby authorized to deduct from the salary of any member of the New York state police or any employee of the New York state police who holds life or group insurance under any salary savings plan of the insurer such amounts, for payment of the premium thereon, as such member or employee may specify in writing filed with the comptroller, and to transmit to the insurer the sums so deducted. Any such written authorization may be withdrawn by such member or employee at any time upon filing written notice of such withdrawal with the comptroller. Notwithstanding the foregoing provisions of this subdivision, the employee organization certified, pursuant to article fourteen of the civil service law, to represent the collective negotiating unit consisting of troopers in the division of state police shall have exclusive payroll deduction of membership dues and premiums for insurance and mass-merchandized automobile and homeowners' insurance policies for members of such collective negotiating unit and the employee organization certified to represent the collective negotiating unit consisting of commissioned and non-commissioned officers and the employee organization certified to represent the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police shall have exclusive payroll deduction of premiums for insurance programs for members of such collective negotiating unit for which it is so certified. Payroll deductions for such dues and premiums for members of such collective negotiating units shall not be authorized for any other employee organization or group except by express written approval of such appropriate certified employee organization.
5. Whenever the superintendent finds that under community wage practices in private or other public employment in one or more areas or locations in the state, wage rates of police officers in a given location are substantially higher than the wage rates paid by the state, he or she may, subject to the approval of the director of the budget, authorize a pay differential to be added as an adjustment to the established salary rates for the same or related occupations in the state police in such areas or locations. A pay differential under this subdivision shall be a percentage or a fixed dollar amount as prescribed in each case by the superintendent subject to the approval of the director of the budget. Such differentials shall be in addition to and shall not be part of a member's basic annual salary, and shall not affect or impair any performance advancement payments, performance awards, longevity payments or other rights or benefits to which a member may be entitled under the provisions of this chapter, provided, however, that any differential payable pursuant to this subdivision shall be included as compensation for retirement purposes. A pay differential shall be terminated for any member when he or she ceases to be employed in the position, or area or location for which such pay differential was authorized. A pay differential shall remain in effect until terminated by the superintendent, with the consent of the director of the budget or until a new pay differential is authorized pursuant to this subdivision. The director of the budget may adopt such regulations as he or she may deem necessary to carry out the provisions of this subdivision.
§ 216. Bureau of criminal investigation. 1. The superintendent may continue, within the New York state police, a bureau of criminal investigation and assign to it members of the New York state police in such numbers and appoint to it such investigative specialists in such numbers as may be required for the purpose of preventing, investigating and detecting violations of the criminal laws of the state, and conducting such other investigations as may be provided for by law. Members of the New York state police assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent shall be classified as (a) investigators; (b) senior investigators; (c) lieutenants; (d) captains; provided, however, that investigative specialists appointed to the bureau of criminal investigation may be appointed as investigators or senior investigators at salaries to be determined by the superintendent with the approval of the director of the budget within the range from minimum to maximum provided for in this section for the positions to which appointments are made. Investigative specialists appointed to the bureau of criminal investigation shall be deemed to be members of the New York state police upon the filing by them of the constitutional oath of office, but shall not be eligible for transfer to the uniform force unless otherwise qualified under section two hundred fifteen of this article. The superintendent may employ, from time to time, within the appropriation, such skilled experts, scientists, technicians or other specially qualified persons as he deems necessary to aid the bureau and the New York state police in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the state. Upon request of the head of any state department, or of any police agency or of any district attorney within the state, the superintendent may assign to such requesting authority members of the state police attached to the bureau of criminal investigation in such numbers and for such periods of time as he may deem necessary for the purpose of investigating and detecting felonies committed within the state. Members of the state police assigned or appointed to the bureau of criminal investigation are empowered to cooperate with departments of the United States government in the investigation of violations of the federal laws of the grade of felony within this state. The superintendent may, from time to time, establish headquarters or stations in such localities of the state as he shall deem most suitable for the efficient operation of the bureau of criminal investigation.
2. (a) There shall be within the bureau of criminal investigation a hate crime task force. The superintendent shall assign to it such personnel as may be required for the purpose of preventing, investigating, and detecting hate crimes as defined in article four hundred eighty-five and sections 240.30 and 240.31 of the penal law. When at all possible, the task force members shall assist and support other law enforcement agencies in preventing, investigating, and detecting offenses committed due to a perception or belief regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person.
(b) The task force shall issue reports and publications, in conjunction with the division of human rights and the division of criminal justice services, in order to inform persons of all available rights and remedies under the penal law as referenced in paragraph (a) of this subdivision, as well as prohibitions against discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, familial status, domestic violence victim status, genetic predisposition status, or marital status as those terms are defined by article fifteen of this chapter.
(c) The first report issued by the hate crimes task force, as required by paragraph (b) of this subdivision, shall be issued within ninety days of the effective date of this subdivision. Subsequent reports shall be issued annually thereafter.
3. * a. Salary schedules for investigators, senior investigators, and investigative specialists in the division of state police.
(1) Effective April first, two thousand fourteen, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Senior
Investigator Investigator Nassau and Suffolk $108,280 $97,796 New York City, Rockland, Westchester $107,996 $97,511 Orange, Putnam, Dutchess $106,909 $96,425 All other locations $106,707 $96,222
(2) Effective April first, two thousand fifteen, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Senior
Investigator Investigator Nassau and Suffolk $110,446 $99,752 New York City, Rockland, Westchester $110,156 $99,461 Orange, Putnam, Dutchess $109,047 $98,354 All other locations $108,841 $98,146
(3) Effective April first, two thousand sixteen, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Senior
Investigator Investigator Nassau and Suffolk $112,103 $101,248 New York City, Rockland, Westchester $111,808 $100,953 Orange, Putnam, Dutchess $110,683 $99,829 All other locations $110,474 $99,618
(4) Effective April first, two thousand seventeen, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Senior
Investigator Investigator Nassau and Suffolk $113,785 $102,767 New York City, Rockland, Westchester $113,485 $102,467 Orange, Putnam, Dutchess $112,343 $101,326 All other locations $112,131 $101,112
* NB Effective until certain conditions are met as set forth in chapter 337 of 2019 Part A § 25
* a. Salary schedules for investigators, senior investigators, and investigative specialists in the division of state police.
(1) Effective April first, two thousand eighteen, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $104,822 $104,516 $103,353 $103,134 1 - 2 $104,822 $104,516 $103,353 $103,134 2 - 3 $104,822 $104,516 $103,353 $103,134 3 - 4 $104,822 $104,516 $103,353 $103,134 4 - 5 $104,822 $104,516 $103,353 $103,134 5 - 6 $104,822 $104,516 $103,353 $103,134 6+ $104,822 $104,516 $103,353 $103,134
(2) Effective April first, two thousand nineteen, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Hired on or Nassau Rockland Putnam
After Suffolk Westchester Dutchess All Other YOS 10/1/19 0 - 1 $100,000 $106,918 $106,606 $105,420 $105,197 1 - 2 $106,918 $106,606 $105,420 $105,197 2 - 3 $106,918 $106,606 $105,420 $105,197 3 - 4 $106,918 $106,606 $105,420 $105,197 4 - 5 $106,918 $106,606 $105,420 $105,197 5 - 6 $106,918 $106,606 $105,420 $105,197 6+ $106,918 $106,606 $105,420 $105,197
(3) Effective April first, two thousand twenty, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
Hired on New York City Orange
Or After Nassau Rockland Putnam YOS 10/1/19 Suffolk Westchester Dutchess All Other 0 - 1 $102,000 $109,056 $108,738 $107,528 $107,301 1 - 2 $105,000 $109,056 $108,738 $107,528 $107,301 2 - 3 $109,056 $108,738 $107,528 $107,301 3 - 4 $109,056 $108,738 $107,528 $107,301 4 - 5 $109,056 $108,738 $107,528 $107,301 5 - 6 $109,056 $108,738 $107,528 $107,301 6+ $110,090 $109,773 $108,560 $108,334
(4) Effective April first, two thousand twenty-one, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York
Hired on City Orange
Or After Nassau Rockland Putnam YOS 10/1/19 Suffolk Westchester Dutchess All Other 0 - 1 $104,040 $111,237 $110,913 $109,679 $109,447 1 - 2 $107,100 $111,237 $110,913 $109,679 $109,447 2 - 3 $111,237 $110,913 $109,679 $109,447 3 - 4 $111,237 $110,913 $109,679 $109,447 4 - 5 $111,237 $110,913 $109,679 $109,447 5 - 6 $111,237 $110,913 $109,679 $109,447 6+ $112,292 $111,968 $110,731 $110,501
(5) Effective April first, two thousand twenty-two, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $106,121 $106,121 $106,121 $106,121 1 - 2 $109,242 $109,242 $109,242 $109,242 2 - 3 $113,462 $113,131 $111,873 $111,636 3 - 4 $113,462 $113,131 $111,873 $111,636 4 - 5 $113,462 $113,131 $111,873 $111,636 5 - 6 $113,462 $113,131 $111,873 $111,636 6+ $114,538 $114,207 $112,946 $112,711
(6) Effective April first, two thousand eighteen, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $116,061 $115,755 $114,590 $114,374 1 - 2 $116,061 $115,755 $114,590 $114,374 2 - 3 $116,061 $115,755 $114,590 $114,374 3 - 4 $116,061 $115,755 $114,590 $114,374 4 - 5 $116,061 $115,755 $114,590 $114,374 5 - 6 $116,061 $115,755 $114,590 $114,374 6+ $116,061 $115,755 $114,590 $114,374
(7) Effective April first, two thousand nineteen, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $118,382 $118,070 $116,882 $116,661 1 - 2 $118,382 $118,070 $116,882 $116,661 2 - 3 $118,382 $118,070 $116,882 $116,661 3 - 4 $118,382 $118,070 $116,882 $116,661 4 - 5 $118,382 $118,070 $116,882 $116,661 5 - 6 $118,382 $118,070 $116,882 $116,661 6+ $118,382 $118,070 $116,882 $116,661
(8) Effective April first, two thousand twenty, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $120,750 $120,431 $119,220 $118,994 1 - 2 $120,750 $120,431 $119,220 $118,994 2 - 3 $120,750 $120,431 $119,220 $118,994 3 - 4 $120,750 $120,431 $119,220 $118,994 4 - 5 $120,750 $120,431 $119,220 $118,994 5 - 6 $120,750 $120,431 $119,220 $118,994 6+ $121,781 $121,462 $120,253 $120,026
(9) Effective April first, two thousand twenty-one, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $123,165 $122,840 $121,604 $121,374 1 - 2 $123,165 $122,840 $121,604 $121,374 2 - 3 $123,165 $122,840 $121,604 $121,374 3 - 4 $123,165 $122,840 $121,604 $121,374 4 - 5 $123,165 $122,840 $121,604 $121,374 5 - 6 $123,165 $122,840 $121,604 $121,374 6+ $124,217 $123,891 $122,658 $122,427
(10) Effective April first, two thousand twenty-two, members assigned to the bureau of criminal investigation as senior investigators appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule:
New York City Orange
Nassau Rockland Putnam YOS Suffolk Westchester Dutchess All Other 0 - 1 $125,628 $125,297 $124,036 $123,801 1 - 2 $125,628 $125,297 $124,036 $123,801 2 - 3 $125,628 $125,297 $124,036 $123,801 3 - 4 $125,628 $125,297 $124,036 $123,801 4 - 5 $125,628 $125,297 $124,036 $123,801 5 - 6 $125,628 $125,297 $124,036 $123,801 6+ $126,701 $126,369 $125,111 $124,876
(11) With respect to subparagraphs one, two, three, four, five, six, seven, eight, nine and ten of this paragraph, members assigned to the bureau of criminal investigation as investigators, investigative specialists and senior investigators appointed to the bureau by the superintendent shall be paid a basic annual salary consistent with their years of service in the bureau and their principal place of employment, or, in the case of a field employee, whose official station, as determined in accordance with the regulations of the state comptroller, is located in the city of New York or in the counties of Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or Suffolk, except that: (a) With respect to subparagraphs two, three, and four of this paragraph, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent on or after October first, two thousand nineteen shall be paid a basic annual salary consistent with their years of service in the bureau corresponding to the column titled "Hired on or after 10/1/19". When such member completes one year of service, such member shall move to the next basic annual salary consistent with their years of service in the bureau corresponding to the column titled "Hired on or after 10/1/19". When such member completes two years of service, such member shall move to the next basic annual salary corresponding to their years of service within the bureau and their principal place of employment, or, in the case of a field employee, whose official station, as determined in accordance with the regulations of the state comptroller, is located in the city of New York or in the counties of Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or Suffolk; and (b) With respect to subparagraphs two, three, four and five of this paragraph, members assigned to the bureau of criminal investigation as investigators and investigative specialists appointed to the bureau by the superintendent before October first, two thousand nineteen shall be paid a basic annual salary consistent with their years of service in the bureau and their principal place of employment, or, in the case of a field employee, whose official station, as determined in accordance with the regulations of the state comptroller, is located in the city of New York or in the counties of Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or Suffolk. When such member completes a year of service, such member shall move to the basic annual salary consistent with their years of service in the bureau and their principal place of employment, or, in the case of a field employee, whose official station, as determined in accordance with the regulations of the state comptroller, is located in the city of New York or in the counties of Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or Suffolk.
(12) When any member assigned to the bureau of criminal investigation completes a year of service entitling them to move to a higher salary, they shall be paid the higher salary at the start of the pay period immediately following their completion of the required years of service in the bureau that entitles them to the next higher salary.
* NB Effective upon certain conditions being met as set forth in chapter 337 of 2019 Part A § 25
§ 216-a. Scientific crime detection laboratory. 1. The superintendent may maintain a scientific crime detection laboratory, and may appoint, employ or assign a director thereof, and such additional members or employees as he may deem necessary for the proper maintenance and operation of such scientific crime detection laboratory, within the appropriation. The superintendent may also employ, from time to time, within the appropriation, such skilled experts, scientists, technicians or other specially qualified persons as he deems necessary to aid the New York state police and the laboratory in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the state.
2. The superintendent may, from time to time, establish headquarters or stations in such localities of the state as he shall deem most suitable for the efficient operation of the laboratory.
§ 216-b. Salary increments. 1. A member whose annual basic salary is prescribed by subparagraph one of paragraph a of subdivision two of section two hundred fifteen of this article shall receive the minimum salary of his position plus the number of increments which corresponds to his years of service in such position, subject to the provisions of this section, provided, however, that effective July first, nineteen hundred seventy-one initial employment in the position of trooper shall be at the training rate and progression of such members or any other troopers paid at such training rate to the minimum salary of the position of trooper shall be by means of an annual increment equal to the difference between the training rate and the minimum salary of the position of trooper subject to the conditions described in this subdivision, except that on or after the date that the first collectively negotiated agreement entered into after April first, nineteen hundred eighty-one pursuant to article fourteen of the civil service law covering the unit consisting of troopers in the division of state police is executed in writing, initial employment in the position of trooper shall be at training rate one and, such members shall advance to training rate two effective on the first day of the next payroll period following the member's anniversary date of appointment to the division of state police, subject to the provisions of section forty-four of the state finance law, provided the member's service in the position has been satisfactory in the judgment of the superintendent, and further progression of such members to the minimum salary of the position of trooper shall be by means of an annual increment subject to the conditions described in this subdivision. Annual increments shall become effective on the first day of the next payroll period following the member's anniversary date of appointment to the division of state police, subject, however, to the provisions of section forty-four of the state finance law. Except as provided below, a member shall be eligible to receive an increment in such position on the first day of the next payroll period following the member's anniversary date of appointment to the division of state police, provided his service in the position or positions held by the member during the previous year has been satisfactory in the judgment of the superintendent. No member shall receive an increment which would result in the member receiving an annual salary in excess of the maximum salary prescribed for his position, or the amount to which he may be entitled pursuant to subdivisions two and five of this section. Notwithstanding the foregoing provisions of this subdivision, members who are initially employed in the position of trooper on or after October first, nineteen hundred eighty-one shall be employed at training rate one and such members shall advance to training rate two effective on the first day of the payroll period immediately following their completion of one year of service to the division, and further advancements of such members to step one and subsequent steps shall be by means of an annual increment to be effective on the first day of the payroll period following their completion of each additional year of service; such advancement shall be subject to the provisions of section forty-four of the state finance law and shall be payable provided the member's service has been satisfactory in the judgment of the superintendent. Notwithstanding the foregoing provisions of this subdivision, on and after April first, nineteen hundred ninety-six, members who are undergoing their initial training at the New York state police academy shall receive the academy trainee salary and effective upon graduation from such training shall advance to trainee rate two and such members shall advance to step one effective on the first day of the payroll period immediately following their completion of one year of service to the division, and further advancement of such members to subsequent steps shall be by means of an annual increment to be effective on the first day of the payroll period following their completion of each additional year of service; such advancement shall be subject to the provisions of section forty-four of the state finance law and shall be payable provided the member's service has been satisfactory in the judgment of the superintendent.
2. (a) (1) Effective April first, two thousand seven, all members in the position of trooper in the division of state police, which shall not include those in the title of special trooper, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $430
11-15 $480
16-25 $530
(2) Effective April first, two thousand eight, all members in the position of trooper in the division of state police, which shall not include those in the title of special trooper, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $460
11-15 $510
16-25 $560
(3) Effective April first, two thousand nine, all members in the position of trooper in the division of state police, which shall not include those in the title of special trooper, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $500
11-15 $550
16-25 $600
(4) Effective April first, two thousand ten, all members in the position of trooper in the division of state police, which shall not include those in the title of special trooper, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $540
11-15 $590
16-25 $640
(5) Individuals with greater than twenty-five years of service shall continue to receive a longevity award at the twenty-five year amount. Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid over the year-long period between anniversary dates.
(b) The longevity amounts provided by this subdivision shall be in addition to, and shall not be a part of, a member's annual basic salary, and shall not impair any increments or other rights or benefits to which a member may be entitled; provided, however, that longevity awards shall be included as compensation for purposes of computation of overtime pay and for retirement purposes. The provisions of this paragraph shall not apply to members in the title of special trooper.
3. (a) (1) Effective April first, two thousand seven, all members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $430
11-15 $480
16-25 $530
(2) Effective April first, two thousand eight, all members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $460
11-15 $510
16-25 $560
(3) Effective April first, two thousand nine, all members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $500
11-15 $550
16-25 $600
(4) Effective April first, two thousand ten, all members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years: Years of Service Amount per year
6-10 $540
11-15 $590
16-25 $640
(5) Individuals with greater than twenty-five years of service shall continue to receive a longevity award at the twenty-five year amount. Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid over the year-long period between anniversary dates.
(b) Eligible members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, who are commissioned officers, effective April first, two thousand, shall be paid supplemental longevities in addition to the longevities provided for in paragraph (a) of this subdivision, in accordance with the following schedule:
After five years following appointment as a commissioned officer - five hundred dollars
After ten years following appointment as a commissioned officer - one thousand dollars
After fifteen years following appointment as a commissioned officer - one thousand five hundred dollars Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid over the year-long period between anniversary dates.
(c) The longevity amounts provided by this subdivision shall be in addition to, and shall not be a part of, a member's annual basic salary, and shall not impair any other rights or benefits to which a member may be entitled; provided, however, that longevity awards shall be included as compensation for purposes of computation of overtime pay and for retirement purposes.
4. If a member is reassigned from the bureau of criminal investigation to the uniform force in a competitive position, he shall be reassigned to his permanent rank and, upon such reassignment, shall receive the step entitlement, additional annual salary entitlement pursuant to subdivision two of this section and additional increment pursuant to subdivision three of this section of his permanent rank as he would have earned in such rank had his service in the bureau of criminal investigation been rendered continuously in his permanent rank to which he is reassigned; provided, however, that the foregoing provisions of this subdivision shall not create an entitlement to retroactive payments.
5. (a) Members in the collective negotiating unit consisting of investigators and senior investigators in the division of state police who, effective April first, nineteen hundred ninety-eight, have attained six or more years of satisfactory service with the division of state police shall be paid a longevity award in accordance with the following schedule. Thereafter, on their anniversary date of employment with the division, such members shall move in the schedule appropriate to the years of satisfactory service in the division they achieve on that anniversary date.
Years of Service Longevity Benefit
6 $ 800
7 850
8 900
9 950
10 1,000
11 1,050
12 1,100
13 1,150
14 1,200
15 1,250
16 1,300
17 1,350
18 1,400
19 1,450 20 or more 1,500
Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid bi-weekly over the year-long period between anniversary dates.
(b)(1) Effective April first, two thousand seven, all members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years:
Years of Service Amount per year
6-10 $430
11-15 $480
16-25 $530
(2) Effective April first, two thousand eight, all members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years:
Years of Service Amount per year
6-10 $460
11-15 $510
16-25 $560
(3) Effective April first, two thousand nine, all members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years:
Years of Service Amount per year
6-10 $500
11-15 $550
16-25 $600
(4) Effective April first, two thousand ten, all members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, who on their anniversary date of employment with the division of state police have attained six or more years of such satisfactory service in the division, shall be paid a longevity award according to the following schedule for each year of such satisfactory service up to twenty-five years:
Years of Service Amount per year
6-10 $540
11-15 $590
16-25 $640
(5) Individuals with greater than twenty-five years of service shall continue to receive a longevity award at the twenty-five year amount. Such payment shall commence in the pay period following such anniversary date and shall be annualized and paid over the year-long period between anniversary dates.
(c) The longevity amounts provided by this subdivision shall be in addition to, and shall not be a part of, a member's annual basic salary, and shall not impair any other rights or benefits to which a member may be entitled; provided, however, that longevity awards shall be included as compensation for purposes of computation of overtime pay and for retirement purposes.
§ 216-c. Holiday compensation. 1. Notwithstanding the provisions of section one hundred thirty-five of the civil service law, members of the division of state police, other than troopers attending the state police academy for basic training, the division physician, assistant division physicians, inspectors, deputy chief inspectors, confidential assistant to the superintendent, the assistant deputy superintendents, the chief inspector, the counsel, first assistant counsel, assistant counsels, deputy superintendents, first deputy superintendent, state police director of personnel, assistant director of personnel-state police and the state police director of scientific laboratory shall effective April first, nineteen hundred eighty-five for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police and effective June thirteenth, nineteen hundred eighty-five for such other members receive annual holiday compensation in an amount to be computed for each member by dividing his annual basic salary by one thousand nine hundred ninety-two hours to obtain an hourly rate of pay and multiplying such hourly rate by fifty-two and four-tenths hours, adjusted to the next higher whole dollar amount. Such compensation shall be in lieu of any other premium which may be paid for work on a legal holiday and shall be included in and be a part of the member's annual basic salary and on and after April first nineteen hundred eighty-five for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police established pursuant to article fourteen of the civil service law and on and after June thirteenth, nineteen hundred eighty-five for such other members is included in the annual basic salary schedules applicable to such members pursuant to this article.
* 2. In addition to the compensation provided in subdivision one of this section, members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, on the payroll on November first of each year, shall continue to receive holiday compensation, effective April first, two thousand ten, in the amount of fifteen hundred thirty-six dollars. Effective April first, two thousand fourteen, such amount shall be increased to fifteen hundred sixty-seven dollars. Effective April first, two thousand fifteen, such amount shall be increased to fifteen hundred ninety-eight dollars. Effective April first, two thousand sixteen, such amount shall be increased to sixteen hundred twenty-two dollars. Effective April first, two thousand seventeen, such amount shall be increased to sixteen hundred forty-six dollars. Such payments shall be in addition to, and shall not be part of, the member's annual basic salary, except for the purpose of retirement, and shall be made in a separate check during the payroll period which includes December first each year.
* NB Effective until certain conditions are met as set forth in chapter 337 of 2019 Part A § 25
* 2. In addition to the compensation provided in subdivision one of this section, members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, on the payroll on November first of each year, shall receive holiday compensation as follows:
April 1, 2018 $1,646
April 1, 2019 $1,679
April 1, 2020 $1,713
April 1, 2021 $1,747
April 1, 2022 $1,782 Such payments shall be in addition to, and shall not be part of, the member's annual basic salary, except for the purpose of retirement, and shall be made in a separate check during the payroll period which includes December first each year.
* NB Effective upon certain conditions being met as set forth in chapter 337 of 2019 Part A § 25
§ 216-d. Consumer product protection. 1. The superintendent, in consultation with the commissioner of the division of criminal justice services, shall establish a program to investigate actual and/or suspected cases of consumer product tampering, as defined in sections 145.35, 145.40 and 145.45 of the penal law, within this state and may assign such employees, as deemed necessary for the proper operation of such program.
2. Such program shall provide that the state police may, upon request, act as the coordinating agency responding to cases of suspected product tampering. The superintendent in conjunction with the commissioner of the division of criminal justice services, shall, by regulation, establish uniform procedures that may be used by other agencies involved in such cases.
3. The superintendent, in conjunction with the commissioner of the division of criminal justice services, and with the cooperation of the department of health, the department of agriculture and markets, and other pertinent agencies, shall promulgate such additional rules and regulations which in his/her discretion are necessary for the efficient operation of this section. These regulations should include but not be limited to the following:
a. the establishment of uniform procedures to be used whenever a law enforcement or regulatory agency or other agency becomes involved in a consumer product tampering incident. Such regulations shall require that the state police provide direct investigative assistance or support services to any law enforcement or regulatory agency upon request;
b. the establishment of a computerized central data base, located at division headquarters, which will function as an information management and retrieval system for matters involving consumer product tampering. Notification of all consumer product tampering cases made to law enforcement, regulatory agencies or other agencies shall be reported to the central data base within five hours of such notification;
c. authorization, upon request, to use the scientific crime detection laboratory to analyze evidence in connection with state police cases or cases that originate with other law enforcement, regulatory agencies or other agencies; and
d. establishment of a twenty-four hour consumer product tampering phone line, to be set up at Headquarters' communication section in Albany.
4. The superintendent, in cooperation with the division of criminal justice services, shall make recommendations to the municipal police training council for the establishment of a formalized consumer product tampering training program for all law enforcement personnel.
§ 217. Communication. There shall be established in the division of state police, executive department, a basic coordinating police communication system at the headquarters of the division of state police and at such substations of the state police as shall be designated by the superintendent of state police, for the purpose of prompt collection and distribution of information throughout the state of New York as the police problems of the state may require. This basic system shall be known as the New York statewide police information network. Authority is hereby granted to connect the basic system herein provided for, directly or indirectly with other similar state, national or international systems.
§ 218. Installation, operation and maintenance of basic system; personnel. The superintendent of state police is hereby authorized to install, operate and maintain the basic system and to employ the necessary personnel, within the appropriation, for its installation, operation and maintenance; the persons so employed may be members of the state police, or employees, particularly qualified for the duty they are to perform.
§ 219. Availability. The basic system herein provided for may be made available for use by any department or division of the state government and by any municipal, county, town, village, railroad or other special police department lawfully maintained by any corporation in this state, subject to the following terms and conditions: (a) application for permission to connect with the basic system shall be made to the superintendent of state police on forms to be provided by him; (b) such application may be approved by the superintendent of state police if, as and when in his discretion such connection is requisite and necessary for the best interests of the entire system; (c) upon approval of such application and before the applicant shall be connected with the basic system, such applicant must agree to assume and pay all rentals for sending and receiving stations or receiving stations only, as may be authorized by the superintendent of state police for installation within the jurisdiction of the applicant, and any and all costs of installation and operation of such stations; (d) the state shall pay all rental for necessary wire or circuit mileage required to connect such stations with the basic system.
§ 220. Orders, rules or regulations. The basic system herein provided for shall remain at all times under the control of the superintendent of state police and such control may be exercised by him through any member of the state police as he shall designate for such purpose. The superintendent of state police is hereby authorized to make and issue such orders, rules or regulations for the use of this system as in his discretion are necessary for efficient operation.
§ 221. System of criminal justice information. 1. When any peace officer or police agency within this state shall receive a complaint that a felony involving the use of deadly physical force or a deadly weapon has been committed, and if the perpetrator thereof be not apprehended within thirty minutes after such complaint has been received, or, in the case of any other felony, if the perpetrator thereof be not apprehended within five hours, such police agency shall cause information of such felony to be electronically entered into the New York statewide police information network in accordance with the rules for such entry promulgated by the superintendent of state police. Police agencies not directly connected with the New York statewide police information network shall transmit such information to the nearest or most convenient electronic entry point, from which point it will be immediately dispatched, in conformity with the orders, rules or regulations governing the network.
2. Any warrant of arrest, bench warrant or superior court warrant of arrest, as such terms are defined in section 1.20 of the criminal procedure law, relating to any offense defined as a felony in subdivision five of section 10.00 of the penal law, or a probation warrant issued pursuant to section 410.40 of the criminal procedure law, must be entered into the system no later than forty-eight hours from the time it is received by the police officer or peace officer to whom it is addressed if the subject of the warrant has not been apprehended prior to that time.
3. When any police officer, peace officer or police agency in the state shall receive a complaint of a missing child, as defined in subdivision one of section eight hundred thirty-seven-e of this chapter, such police officer, peace officer or police agency may, in his or her discretion, as appropriate, cause information concerning such missing child to be promptly dispatched over the police communication system. Police agencies not connected with the basic system may transmit such information to the nearest or most convenient electronic entry point, from which point it may be promptly dispatched, in conformity with the orders, rules or regulations governing the system. No dispatch or transmission of a report concerning a missing child shall be required by this subdivision if the investigating police department advises, in its discretion, that the release of such information may jeopardize the investigation or the safety of the child, or requests forbearance for any reason.
§ 221-a. Computer system to carry information of orders of protection and warrants of arrest. 1. The superintendent, in consultation with the division of criminal justice services, office of court administration, and the office for the prevention of domestic violence, shall develop a comprehensive plan for the establishment and maintenance of a statewide computerized registry of all orders of protection issued pursuant to articles four, five, six, eight and ten of the family court act, section 530.12 of the criminal procedure law and, insofar as they involve victims of domestic violence as defined by section four hundred fifty-nine-a of the social services law, section 530.13 of the criminal procedure law and sections two hundred forty and two hundred fifty-two of the domestic relations law, and orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, special orders of conditions issued pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the criminal procedure law insofar as they involve a victim or victims of domestic violence as defined by subdivision one of section four hundred fifty-nine-a of the social services law or a designated witness or witnesses to such domestic violence, and all warrants issued pursuant to sections one hundred fifty-three and eight hundred twenty-seven of the family court act, and arrest and bench warrants as defined in subdivisions twenty-eight, twenty-nine and thirty of section 1.20 of the criminal procedure law, insofar as such warrants pertain to orders of protection or temporary orders of protection; provided, however, that warrants issued pursuant to section one hundred fifty-three of the family court act pertaining to articles three and seven of such act and section 530.13 of the criminal procedure law shall not be included in the registry. The superintendent shall establish and maintain such registry for the purposes of ascertaining the existence of orders of protection, temporary orders of protection, warrants and special orders of conditions, and for enforcing the provisions of paragraph (b) of subdivision four of section 140.10 of the criminal procedure law.
2. The superintendent shall prescribe standardized forms for warrants issued in connection with orders of protection and special orders of conditions included in the statewide computerized registry. Except for orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, only those standardized forms prescribed herein and pursuant to section eight hundred fourteen-a of the family court act, subdivision three of section two hundred forty of the domestic relations law, and subdivision twelve of section 530.12 and subdivision one of section 530.13 of the criminal procedure law shall be utilized in cases resulting in orders which must be entered into the statewide computerized registry.
3. Whenever any court issues an order of protection or special order of conditions, the sheriff's office or appropriate municipal police department in the county in which the complainant or petitioner resides, or if he or she resides within a city, the police department of such city, which receives a copy of the order of protection or special order of conditions from the clerk of the court or otherwise pursuant to law, shall promptly transmit such information on the order of protection or special order of conditions as required by rule and regulation over the law enforcement communication system, including but not limited to: the names of the parties to the proceeding giving rise to such order, the date such order becomes effective, the date such order was served or whether the defendant or respondent had actual knowledge of such order because he or she was present in court when such order was issued, the date such order is to expire, and the terms and conditions of such order. When any peace officer, acting pursuant to his or her special duties, or police officer receives a warrant issued by family court, supreme court or by a criminal court pertaining to an order of protection or special order of conditions, as described in subdivision one of this section, the officer shall cause specific information on the warrant as required by rule and regulation to be promptly dispatched over the law enforcement communication system. For purposes of this subdivision, municipal shall have the same meaning as municipality, as defined in subdivision six of section eight hundred thirty-five of this chapter. Notwithstanding the provisions of article fifty-four of the civil practice law and rules, a person entitled to protection under an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, may file such order without fee with the clerk of a court in this state having jurisdiction over family, criminal or matrimonial proceedings; such order shall be accompanied by a sworn affidavit that upon information and belief such order is in effect as written and has not been vacated or modified. Upon such filing, information regarding such order shall be transmitted to the statewide computerized registry in accordance with this section, provided, however, that such filing and registry entry shall not be required for enforcement of such order.
4. Courts and law enforcement officials, including probation officers, and employees of local correctional facilities and the department of corrections and community supervision who are responsible for monitoring, supervising or classification of incarcerated individuals or parolees shall have the ability to disclose and share information with respect to such orders and warrants consistent with the purposes of this section, subject to applicable provisions of the family court act, domestic relations law and criminal procedure law concerning the confidentiality, sealing and expungement of records.
5. In no case shall the state or any state or local law enforcement official or court official be held liable for any violations of rules and regulations promulgated under this section, or for damages for any delay or failure to file an order of protection or special order of conditions, or to transmit information to the law enforcement communication network pertaining to such orders or related family court arrest warrants, or for acting in reliance upon such information. For purposes of this subdivision law enforcement official shall include but not be limited to an employee of a sheriff's office, or a municipal police department or a peace officer acting pursuant to his or her special duties.
6. The superintendent shall establish procedures for the prompt removal of orders of protection and special orders of conditions from the active files of the registry upon their expiration. The superintendent shall establish procedures for prompt disclosure of such orders and warrants consistent with the purposes of paragraph (a-1) of subdivision one of section two hundred forty of the domestic relations law and subdivision (e) of section six hundred fifty-one of the family court act.
§ 221-b Reporting to New York state violent crimes analysis program. 1. Every law enforcement agency which receives a report of an actual or attempted abduction or molestation shall notify the New York state violent crimes analysis program, via the requirements of the New York statewide police information network, of such report. Such program shall make comparisons of data in its files, and report to the law enforcement agency making an initial report, any similarities to other reports received by such program. The violent crimes analysis program shall also notify the unit of a law enforcement agency which investigates homicides when a report reveals similarities, patterns or modus operandi which appear in reports of homicides.
2. Notwithstanding any other provision of law to the contrary, every law enforcement agency that accepts responsibility for investigating a homicide or attempted homicide, the discovery of unidentified human remains, a reported missing person case where circumstances indicate a strong possibility of foul play, or a sexual assault or attempted sexual assault, shall make a written report of such investigation to the New York state violent crimes analysis program. Such program shall conduct a computerized commonality analysis and provide the submitting law enforcement agency the results of such analysis. Every written report made to the violent crimes analysis program shall be in form and content as determined and prescribed by such program, upon the approval of the superintendent of state police. An initial written report shall be made to the violent crimes analysis program within thirty days of commencement of an investigation. The results of a computerized commonality analysis shall be provided by such program to the submitting law enforcement agency upon completion of such analysis in a timely manner, as prescribed by the superintendent of state police.
§ 221-c. Statewide repository of data relating to unlawful methamphetamine laboratories. The division of state police shall maintain a statewide repository of data relating to unlawful methamphetamine laboratories, and develop and implement a program to provide for the collection of data and the reporting thereof by law enforcement agencies. Data acquired by law enforcement agencies relating to unlawful methamphetamine laboratories shall be sent to the repository as soon as reasonably practicable. Data in the repository shall be made available to law enforcement agencies for the purpose of assisting them in combating the unlawful manufacture, preparation or production of methamphetamine.
§ 221-d. Discovery of an unlawful methamphetamine laboratory. 1. Whenever a law enforcement agency discovers or recognizes the presence of an unlawful methamphetamine laboratory, such agency shall, as soon as reasonably practicable, notify, or cause to be notified, the division of state police regarding the location of such laboratory.
2. Whenever the division of state police receives a report of an unlawful methamphetamine laboratory, or discovers or recognizes the presence of an unlawful methamphetamine laboratory, such division, as soon as reasonably practicable shall notify, or cause to be notified, the department of environmental conservation of such information.
§ 222. Radio communication system. The superintendent may establish a system of police radio communication and for such purpose may purchase or lease all necessary equipment for the operation thereof within the appropriation.
* § 223. Duties and powers of the superintendent of state police and of members of the state police. 1. It shall be the duty of the superintendent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. They shall also collect and analyze information relating to prevention and detection of terrorist threats and terrorist activities throughout the state and share all such information subject to paragraph (g) of subdivision two of section seven hundred nine of this chapter among the division of homeland security and emergency services, and local, state, and federal law enforcement agencies to ensure the coordination of appropriate intelligence to assist in the early identification of and response to potential terrorist threats and terrorist activities. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail.
2. The superintendent may, by written order, designate a police officer, as defined in paragraph (b), (c) or (d) of subdivision thirty-four of section 1.20 of the criminal procedure law, to assist members of the state police in order to more effectively address the detection of crime and apprehension of criminals within the state and its localities. Police officers so designated, while actively working in conjunction with members of the state police either directly or as part of a specific task force, shall be paid by and remain employees of their particular county, city, town or village, but shall for purposes of the criminal procedure law, have their geographic area of employment deemed to be New York state.
* NB Effective until September 1, 2025
* § 223. Duties and powers of the superintendent of state police and of members of the state police. It shall be the duty of the superintendent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. They shall also collect and analyze information relating to prevention and detection of terrorist threats and terrorist activities throughout the state and share all such information subject to paragraph (g) of subdivision two of section seven hundred nine of this chapter among the division of homeland security and emergency services and local, state, and federal law enforcement agencies to ensure the coordination of appropriate intelligence to assist in the early identification of and response to potential terrorist threats and terrorist activities. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail.
* NB Effective September 1, 2025
§ 224. Verification of complaint. Where a summons has been served by a member of the state police in lieu of arrest, in cases of violation of the vehicle and traffic law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to traffic, or in cases of violations of the navigation law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to navigation, any major, any captain or any lieutenant or sergeant of the state police assigned to the troop in which the service of the summons is reported, is hereby authorized to administer to such member all necessary oaths in connection with the execution of the complaint to be presented in court by such member in the prosecution of such offense.
§ 225. Enforcement of conservation law. All the powers and duties now conferred or imposed upon inspectors and game protectors under article four of the conservation law, in relation to fish, birds and quadrupeds, hereafter shall be exercised and performed by the state police, inspectors and game protectors.
§ 225-a. Lost and found property. The state police shall perform the duties with respect to found property and found instruments provided in article seven-b of the personal property law. The superintendent may designate a member or members of the state police to accept and keep custody of found property and instruments, may prescribe procedures for determining the value and for estimating the net sum likely to be realized by sale at public auction of lost property as defined in such article, for disposition of derelict automobiles and other property having no value or salvage value only and for sale of property as authorized by such article and may prescribe rules not inconsistent with such article seven-b with respect to form and manner of giving notices and with respect to forms of reports of found property or instruments and with respect to storage of found property.
§ 226. Employment of state police in towns, villages, police districts. 1. The governing board of any police district provided for under article fourteen-a of the town law or of any town or of any village, may from time to time respectively contract upon behalf of said district, town or village with the superintendent of state police upon behalf of the state for the regular assignment of state police to said district, town or village upon the following terms and conditions: The superintendent of state police shall detail such number of state police officers as shall be agreed upon to such district, town or village for a period of one year; the pay, maintenance and other expenses of such detail for a period of one year shall be computed by the superintendent of state police with the approval of the state comptroller pro rata upon the total cost of the pay, maintenance and similar expenses of the whole department; before such contract shall take effect the governing board of said district, town or village shall deposit to the credit of the division of state police in a depository to be designated by the state comptroller with proper sureties, one half the sum of money so computed and upon the first day of the sixth month during the continuance of said contract shall likewise deposit the remainder of said sum; the superintendent of state police, upon audit of the comptroller, shall draw upon said depository for the pay, maintenance and other expenses of said detail when due; said detail shall have all the powers and duties and shall remain at all times under the authority and discipline of the superintendent of state police as provided for state police assigned to regular duty under this article.
2. The superintendent of state police is authorized to appoint temporarily to the regular force provided for in this article, troopers, non-commissioned officers and officers to fill the places of those detailed under such agreements. In police districts the money to be deposited as required hereunder shall be provided for as authorized under article fourteen-a of the town law as added in nineteen hundred and twenty; in towns and villages the money so deposited shall be raised by taxation.
§ 227. Disability benefits. The following benefits shall be paid by the state on account of disability of a member of the division of state police:
1. To every person now a member or who shall hereafter become a member of the division of state police, who is now or who shall hereafter become physically or mentally unable to perform his regular duties in a manner satisfactory to the superintendent of the division of state police there shall be paid during the period of such disability an amount of not less than one-third nor more than one-half of his salary including maintenance allowance, which amount within such limits shall be determined by a board consisting of the superintendent of state police, the attorney-general and the state comptroller. A member of the New York state employees' retirement system who has heretofore served as a member of the division of state police for a period of fifteen years or more and who, following such a period of service, has heretofore been retired for ordinary disability under the provisions of section seventy-eight of the civil service law shall, notwithstanding the provisions of section ninety-three of the civil service law, receive from the state from appropriations made for the purpose of this section such sum as will bring his retirement allowance under section seventy-eight of the civil service law up to the amount which he would have received under this subdivision if he were not a member of the New York state employees' retirement system and were entitled to the benefits provided for by this subdivision, to be determined in the manner prescribed thereby.
2. The provisions of this section shall not apply in the case of any member of the division of state police who is a member of the New York state employees' retirement system unless he was retired by such system for ordinary disability prior to May twenty-second, nineteen hundred forty-two.
§ 227-a. Death benefits. 1. The following benefit shall be paid by the state on account of death of a member of the division of state police. To the widow, until she be married again, or the dependent children under the age of twenty-one years, or the dependent mother of every member of the division of state police whose death has been heretofore caused or shall hereafter be caused by injury or disease contracted in the performance of duty there shall be paid annually as long as such dependency continues upon certification of a board consisting of the superintendent of state police, the attorney general and the state comptroller, one-half the salary including maintenance allowance, received by such member at the time of death.
2. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and an employee organization representing members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists of the division of state police, or the collective negotiating unit consisting of troopers in the division of state police or the collective negotiating unit consisting of commissioned and non-commissioned officers of the division of state police established pursuant to article fourteen of the civil service law so provides, a survivor's benefit for a member in such negotiating unit shall be paid in an amount as provided in such agreement in the event that such employee dies subsequent to April first, nineteen hundred eighty-five, as the result of an accidental on-the-job injury, provided that it is finally determined by the appropriate federal authorities that a public safety officer's death benefit is not payable pursuant to sections three thousand seven hundred ninety-six through three thousand seven hundred ninety-six-c of title forty-two of the United States code, and provided further that a death benefit is paid pursuant to the workers' compensation law. Such survivor's benefit shall be paid to the member's surviving spouse and dependent children in the same proportion as the death benefit provided by the workers' compensation law is paid. In the event that the member is not survived by a spouse or dependent children, the survivor's benefit shall be paid to the estate of the member. Such survivor's benefit shall be in addition to and not in place of any other survivor's or death benefit payable on behalf of such member, except that such benefit shall not be payable if a public safety officer's death benefit is payable pursuant to sections three thousand seven hundred ninety-six through three thousand seven hundred ninety-six-c of the United States code.
3. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and an employee organization representing members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists of the division of state police or the collective negotiating unit consisting of troopers in the division of state police or the collective negotiating unit consisting of commissioned and non-commissioned officers of the division of state police established pursuant to article fourteen of the civil service law so provides, the state shall provide the child or children of such members for whom a survivor's benefit is paid pursuant to subdivision two of this section, or for whom a federal public safety officer's benefit is payable as specified in subdivision two of this section, with full tuition up to the amount charged by the state university of New York to attend any college or university provided, however, such child or children meet the entrance requirements of such college or university. Such child or children are those who are designated by the workers' compensation board to receive a death benefit pursuant to the workers' compensation law.
§ 228. National instant criminal background checks. 1. (a) The division is hereby authorized and directed to serve as a state point of contact for implementation of 18 U.S.C. sec. 922 (t), all federal regulations and applicable guidelines adopted pursuant thereto, and the national instant criminal background check system for the purchase of firearms and ammunition.
(b) Upon receiving a request from a licensed dealer pursuant to section eight hundred ninety-six or eight hundred ninety-eight of the general business law, the division shall initiate a background check by (i) contacting the National Instant Criminal Background Check System (NICS) or its successor to initiate a national instant criminal background check, and (ii) consulting the statewide firearms license and records database established pursuant to subdivision three of this section, in order to determine if the purchaser is a person described in sections 400.00 and 400.03 of the penal law, or is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm or ammunition.
2. (a) The division shall report the name, date of birth and physical description of any person prohibited from possessing a firearm pursuant to 18 U.S.C. sec. 922(g) or (n) to the national instant criminal background check system index, denied persons files.
(b) Information provided pursuant to this section shall remain privileged and confidential, and shall not be disclosed, except for the purpose of enforcing federal or state law regarding the purchase of firearms or ammunition.
(c) Any background check conducted by the division, or delegated authority, of any applicant for a permit, firearms identification card license, ammunition sale, or registration, in accordance with the requirements of section 400.00 of the penal law, shall not be considered a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such background check, including the applicant. Any application for a permit, firearms identification card, ammunition sale, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any state or municipal governmental agency, shall not be considered a public record and shall not be disclosed to any person not authorized by law to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.
3. The division shall create and maintain a statewide firearms license and records database which shall contain records held by the division and any records that it is authorized to request from the division of criminal justice services, office of court administration, New York state department of health, New York state office of mental health, and other local entities. Such database shall be used for the certification and recertification of firearm permits under section 400.02 of the penal law, assault weapon registration under subdivision sixteen-a of section 400.00 of the penal law, and ammunition sales under section 400.03 of the penal law. Such database shall also be used to initiate a national instant criminal background check pursuant to subdivision one of this section upon request from a licensed dealer. The division may create and maintain additional databases as needed to complete background checks pursuant to the requirements of this section.
4. The superintendent shall promulgate a plan to coordinate background checks for firearm and ammunition purchases pursuant to this section and to require any person, firm or corporation that sells, delivers or otherwise transfers any firearm or ammunition to submit a request to the division in order to complete the background checks in compliance with federal and state law, including the National Instant Criminal Background Check System (NICS), in New York state. Such plan shall include, but shall not be limited to, the following features:
(a) The creation of a centralized bureau within the division to receive and process all background check requests, which shall include a contact center unit and an appeals unit. Staff may include but is not limited to: bureau chief, supervisors, managers, different levels of administrative analysts, appeals specialists and administrative personnel. The division shall employ and train such personnel to administer the provisions of this section.
(b) Procedures for carrying out the duties under this section, including hours of operation.
(c) An automated phone system and web-based application system, including a toll-free telephone number and/or web-based application option for any licensed dealer requesting a background check in order to sell, deliver or otherwise transfer a firearm which shall be operational every day that the bureau is open for business for the purpose of responding to requests in accordance with this section.
5. (a) Each licensed dealer that submits a request for a national instant criminal background check pursuant to this section shall pay a fee imposed by the bureau for performing such background check. Such fee shall be allocated to the background check fund established pursuant to section ninety-nine-pp of the state finance law. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by the bureau in performing such background check.
(b) The bureau shall transmit all moneys collected pursuant to this paragraph to the state comptroller, who shall credit the same to the background check fund.
6. On January fifteenth of each calendar year, the bureau shall submit a report to the governor, the temporary president of the senate, and the speaker of the assembly concerning:
a. the number of employees used by the bureau in the preceding year for the purpose of performing background checks pursuant to this section;
b. the number of background check requests received and processed during the preceding calendar year, including the number of "proceed" responses and the number and reasons for denials;
c. the calculations used to determine the amount of the fee imposed pursuant to this paragraph.
7. Within sixty days of the effective date of this section, the superintendent shall notify each licensed dealer holding a permit to sell firearms of the requirement to submit a request to the division to initiate a background check pursuant to this section as well as the following means to be used to apply for background checks:
i. any person, firm or corporation that sells, delivers or otherwise transfers firearms shall obtain a completed ATF 4473 form from the potential buyer or transferee including name, date of birth, gender, race, social security number, or other identification numbers of such potential buyer or transferee and shall have inspected proper identification including an identification containing a photograph of the potential buyer or transferee.
ii. it shall be unlawful for any person, in connection with the sale, acquisition or attempted acquisition of a firearm from any transferor, to willfully make any false, fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification that is intended or likely to deceive such transferor with respect to any fact material to the lawfulness of the sale or other disposition of such firearm under federal or state law. Any person who violates the provisions of this subparagraph shall be guilty of a class A misdemeanor.
8. Any potential buyer or transferee shall have thirty days to appeal the denial of a background check, using a form established by the superintendent. Upon receipt of an appeal, the division shall provide such applicant a reason for a denial within thirty days. Upon receipt of the reason for denial, the appellant may appeal to the attorney general.
§ 229. Retirement for cause. a. The superintendent may recommend the retirement for cause of any member of the New York state police who is covered by the twenty year retirement plan set forth in section three hundred eighty-one-b of the retirement and social security law, and who has twenty-five or more years of creditable service under such plan. The superintendent shall mail a written notice of such recommendation to the member at his home address, which notice shall set forth the reasons for the recommendation. At any time within thirty days after the mailing of such recommendation, the member or any person authorized to act on his behalf may serve a written demand for a review of the recommendation. After the service of such demand the superintendent shall refer his recommendation to the review panel established pursuant to this section, the decision of which shall be subject to review only as provided in article seventy-eight of the civil practice law and rules.
b. The said review panel shall consist of three persons who shall be selected as follows. One person shall be selected by the superintendent. One person shall be selected by the employee organization recognized or certified to represent the member pursuant to the provisions of article fourteen of the civil service law. The third person shall be selected by the other two or, if they cannot agree, he shall be selected by the public employment relations board. Each of the three persons so selected shall be appointed by the superintendent and shall hold office until a successor has been selected and appointed.
c. If the member does not serve a timely demand for a review of the recommendation of the superintendent; or if the review panel shall adopt the recommendation of the superintendent, the superintendent shall certify the name of the member to the state comptroller for retirement for cause.
d. As used in this section, the term retirement for cause shall mean a retirement recommended by the superintendent after a finding by him that a member is no longer capable of performing his duties satisfactorily.
§ 230. Gun trafficking interdiction program. 1. There is hereby created within the division of criminal justice services a gun trafficking interdiction program to be administered by the commissioner of the division of criminal justice services to distribute funds in accordance with the provisions of this section for the purpose of interdicting guns and components of guns illegally entering New York with a focus on those "supplier" states from which substantial numbers of guns illegally enter this state.
2. The superintendent of the division of state police, in cooperation with the United States department of treasury, bureau of alcohol, tobacco and firearms and district attorneys in New York state, shall develop and implement a strategy for the interdiction of guns illegally entering New York from supplier states. The strategy shall include identifying and prosecuting gun traffickers and suppliers of such guns who may be violating federal, state or local laws, and cooperating with the United States department of treasury, bureau of alcohol, tobacco and firearms and appropriate prosecutorial agencies and law enforcement agencies in supplier states in the investigation and enforcement of such laws. District attorneys are authorized to enter into collaborative agreements with prosecutorial and other governmental agencies and entities in supplier states in an effort to stop the movement of illegal guns into New York.
3. The commissioner of the division of criminal justice services shall award grant monies to district attorneys for programs which are designed to interdict the flow of illegal guns across New York state borders. In order to qualify for such grant monies, a district attorney must submit an application to the commissioner of the division of criminal justice services in accordance with guidelines prescribed by the division of criminal justice services. The application shall identify a strategy and implementation plan for preventing the entry of illegal guns across New York's borders. Funds awarded under this section shall not be used to supplant federal, state or local funds. No more than fifty percent of the funds available pursuant to this section in any one fiscal year shall be awarded for programs within a single city, county, town or village.
4. The superintendent of the division of state police shall establish and maintain within the division a criminal gun clearinghouse as a central repository of information regarding all guns seized, forfeited, found or otherwise coming into the possession of any state or local law enforcement agency which are believed to have been used in the commission of a crime. The superintendent of the division of state police shall adopt and promulgate regulations prescribing reporting procedures for such state or local law enforcement agencies, including the form for reporting such information. In addition to any other information which the superintendent of the division of state police may require, the form shall require (a) the serial number or other identifying information on the gun, if available and (b) a brief description of the circumstances under which the gun came into the possession of the law enforcement agency, including the crime which was or may have been committed with the gun. Whenever a state or local law enforcement agency seizes or recovers a gun that was unlawfully possessed, recovered from a crime scene, or is reasonably believed to have been used in or associated with the commission of a crime or is otherwise recovered as an abandoned or discarded gun, the agency shall report such seized or recovered gun to the criminal gun clearinghouse as soon as practicable, but in no case more than twenty-four hours after the agency has taken possession of such gun. Every report made to the criminal gun clearinghouse will result in the prompt submission of a request to the national tracing center of the bureau of alcohol, tobacco, firearms and explosives to trace the movement of the subject gun and such federal agency will be requested to provide the results of such a trace to the superintendent of the division of state police and to the law enforcement agency that submitted the clearinghouse report.
5. All state and local law enforcement agencies shall participate in the bureau of alcohol, tobacco, firearms and explosives collective data sharing program for the purpose of sharing gun trace reports among all law enforcement agencies in the state on a reciprocal basis.
6. (a) The division of state police, in consultation with the division of criminal justice services, shall publish quarterly reports on their respective websites with information related to firearms, rifles and shotguns used in the commission of crimes in the state of New York, including but not limited to, information pertaining to the county and state of origin of the firearm, rifle or shotgun, the county and state where the firearm, rifle or shotgun was purchased, whether the firearm, rifle or shotgun was purchased by the perpetrator of the crime or by another individual, and whether the perpetrator had a license or permit to possess such firearm, rifle or shotgun.
(b) Each political subdivision, municipality, commission, agency, office, department, board and division in the state, to the extent not inconsistent with other provisions of law, shall cooperate fully with the division of state police and the division of criminal justice services and shall furnish such information and assistance, in the form and manner specified by the division of state police and the division of criminal justice services, as may be required in the performance of their function under this subdivision. If such information is not readily available or accessible, the relevant local law enforcement agency will make efforts to obtain such information, including but not limited to the reporting requirements set forth in subdivision five of this section. Such information shall be provided to the extent allowable by federal, state or any other applicable law.
7. (a) Whenever a state or local law enforcement agency seizes or recovers a gun that was unlawfully possessed, recovered from the scene of a crime, or is reasonably believed to have been used or associated with the commission of a crime, or is recovered by the agency as an abandoned or discarded gun, the agency shall arrange for every such gun that is determined to be suitable for test-firing and of a type that is eligible for national integrated ballistic information network data entry and correlation to be test-fired as soon as practicable, and the results of that test-firing shall be submitted forthwith to the national integrated ballistic information network to determine whether the gun is associated or related to a crime, criminal event, or any individual associated or related to a crime or criminal event or reasonably believed to be associated or related to a crime or criminal event.
(b) Whenever a state or local law enforcement agency recovers any ammunition cartridge case that is of a type that is eligible for national integrated ballistic information network data entry and correlation at a crime scene, or has reason to believe that such recovered ammunition cartridge case is related to or associated with the commission of a crime or the unlawful discharge of a gun, the agency shall, as soon as practicable, arrange for the ballistics information to be submitted to the national integrated ballistic information network.
8. Whenever a state or local law enforcement agency seizes or recovers any gun, the agency shall promptly enter the make, model, caliber, and serial number of the gun into the national crime information center (NCIC) system to determine whether the gun was reported stolen.
9. The superintendent may adopt rules and regulations to effectuate the provisions of this section.
§ 231. Uniform identification cards for retired police officers. 1. The superintendent shall develop and distribute uniform identification cards to all sworn members of New York state police, upon such members' retirement in good standing, which identification cards shall contain all the following information:
(a) the individual's name;
(b) a description of the individual as a retired sworn member of the New York state police;
(c) a state police photograph of the person;
(d) the New York State Police seal; and
(e) any other information the superintendent deems appropriate.
2. For purposes of this section "retirement in good standing" shall mean that the sworn member of the New York state police retired from his or her employment for reasons other than the avoidance of disciplinary charges.
§ 232. Sexual assault victims unit. There is hereby established within the division of state police the sexual assault victims unit, which shall be a specialized unit having advanced training in responding to sexual assaults, including campus sexual assaults, and related crimes. The sexual assault victims unit shall perform such tasks as determined by the superintendent, which shall include but not be limited to providing assistance, including forensic support services, to campus police or local police or sheriff's departments, and providing training to college campus communities.
§ 233. Municipal gun buyback program. 1. There is hereby established within the division of the state police a municipal gun buyback program. Agencies approved by the superintendent may participate subject to available appropriations and funds in the municipal gun buyback fund established pursuant to section ninety-seven-cc of the state finance law.
2. The division of state police shall administer the municipal gun buyback program and promulgate rules and regulations the superintendent deems necessary for the implementation of such program. Such rules shall include, but not be limited to:
(a) the manner in which an agency may apply for funds to support a municipal gun buyback program and the manner in which such funds will be allocated and distributed;
(b) guidelines for the safe storage and disposal of firearms, rifles, shotguns, and ammunition received as part of the program in the possession of the participating agency, return of any recovered stolen property to its rightful owner as appropriate, and retention for evidence of any firearm, rifle, or shotgun suspected to have been used in a crime;
(c) guidelines for an agency participating in the program to coordinate with community groups within its jurisdiction; and
(d) guidelines for allowing individuals to surrender firearms, rifles and shotguns and eligibility for monetary rewards.
3. The provisions of subparagraph (f) of paragraph one of subdivision a of section 265.20 of the penal law shall apply to any person voluntarily surrendering a firearm, rifle or shotgun pursuant to this section.
4. Any agency shall be authorized to develop and implement its own municipal gun buyback program provided it is otherwise permitted by law and conforms to the rules and regulations promulgated by the superintendent and outlined in subdivision two of this section.
5. For purposes of this section "agency" means the police force or department of any county, city, town, or village or a county sheriff.
§ 234. New York state police body-worn cameras program. 1. There is hereby created within the division of state police a New York state police body-worn cameras program. The purpose of the program is to increase accountability and evidence for law enforcement and the residents of the state by providing body-worn cameras to all state police officers while on patrol.
2. The division of state police shall provide body-worn cameras, to be worn by officers at all times, while on patrol. Such cameras shall record:
(a) immediately before an officer exits a patrol vehicle to interact with a person or situation, even if there is a dash camera inside such vehicle which might also be recording the interaction;
(b) all uses of force, including any physical aggression and use of a non-lethal or lethal weapon;
(c) all arrests and summonses;
(d) all interactions with people suspected of criminal activity;
(e) all searches of persons and property;
(f) any call to a crime in progress;
(g) investigative actions where there are interactions with members of the public;
(h) any interaction with an emotionally disturbed person; and
(i) any instances where officers feel any imminent danger or the need to document their time on duty.
3. The attorney general may investigate any instance where body cameras fail to record an event pursuant to this section.
4. At the discretion of the officer, body-worn cameras may not record:
(a) sensitive encounters, including but not limited to speaking with a confidential informant, or conducting a strip search; or
(b) when a member of the public asks such officer to turn off the camera; provided, however, such officer may continue recording if he or she thinks a record of that interaction should be generated.
5. The division of state police shall preserve recordings of such body-worn cameras and perform all upkeep on equipment used in such body-worn cameras. Such duties shall include:
(a) creating a secure record of all instances where there is recorded video or audio footage;
(b) ensuring officers have sufficient storage capacity on their cameras to allow for the recording of interactions required by this section; and
(c) ensuring officers have access to body-worn cameras for the recording of instances required by this section.
§ 235. Firearms safety training, and licensing appeals. 1. The superintendent shall, in conjunction with the commissioner of the division of criminal justice services, promulgate policies and procedures with regard to standardization of firearms safety training required under subdivision nineteen of section 400.00 of the penal law, which shall include the approval of course materials and the promulgation of proficiency standards for live fire training.
2. The superintendent, in conjunction with the commissioner of the division of criminal justice services, shall create an appeals board for the purpose of hearing appeals as provided in subdivision four-a of section 400.00 of the penal law and promulgate rules and regulations governing such appeals.
