BILL NUMBER: S4486
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the executive law, in relation to requiring the munici-
pal police training council establish standards for the destruction of
controlled substances
 
PURPOSE:
This bill requires the Municipal Police Training Council to develop,
maintain, and disseminate a minimum standards policy governing the
destruction of controlled substances seized and held by law enforcement
agencies.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 840 of the executive law by adding a new subdi-
vision requiring the council to develop, maintain, and disseminate a
minimum standards policy for the destruction of controlled substances in
consultation with the Department of Environmental Conservation and
Department of Health. It further requires the council to recommend rules
and regulations for the establishment and implementation of an ongoing
training program for new and current law enforcement officers regarding
this subdivision.
§ 2 amends the executive law adding a new section 837-y requiring law
enforcement agencies to disclose the minimum standards policy for the
destruction of controlled substances.
§ 3 sets forth the effective date.
 
JUSTIFICATION:
This bill will require the Municipal Police Training Council to develop,
maintain, and disseminate a minimum standards policy governing the
destruction of controlled substances seized and held by law enforcement
agencies. It further requires that the council recommend a training
program to assist new and current officers in properly disposing of
controlled substances. Additionally, this bill requires that law
enforcement disclose their policies for the destruction of controlled
substances to the public.
Currently, there is no state or federal system governing the disposal of
controlled substances by law enforcement, and there is no outside entity
regularly monitoring the disposal of controlled substances. As a result,
some departments have disposed of controlled substances in ways that
have been deemed "unsafe" by the U.S. Drug Enforcement Agency, such as
burying them in landfills, "open burning" the substances by setting them
on fire in fields or other open spaces, or incinerating them in burn
barrels in parking lots.
While most large law enforcement agencies use the generally accepted
method of disposing of controlled substances in commercial incinerators,
there is a lack of uniformity among departments. By directing the Munic-
ipal Police Training Council to develop a minimum standards policy, we
can ensure that the disposal of controlled substances is safe for our
communities and the environment.
 
LEGISLATIVE HISTORY:
S9942 (2023-24): Referred to Rules
 
FISCAL IMPLICATIONS:
Not yet determined.
 
EFFECTIVE DATE:
This bill shall take effect one year after it shall have become a law.

Statutes affected:
S4486: 840 executive law