Bill Text: NY A10608 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires a law enforcement officer or peace officer who discharges his or her weapon under circumstances where a person could be struck by a bullet to immediately report the incident to his or her superiors.

Spectrum: Partisan Bill (Democrat 53-0)

Status: (Passed) 2020-06-15 - signed chap.101 [A10608 Detail]

Download: New_York-2019-A10608-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10608

                   IN ASSEMBLY

                                      June 5, 2020
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Perry, Walk-
          er, Frontus, Fernandez, Richardson, Crespo, Jaffee, Otis, Vanel, Simo-
          tas, Colton) -- read once and referred to the Committee on Codes

        AN  ACT  to  amend  the  executive  law,  in relation to requiring a law
          enforcement officer or peace officer who discharges his or her  weapon
          under  circumstances  where  a  person  could be struck by a bullet to
          immediately report the incident

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The executive law is amended by adding a new section 837-v
     2  to read as follows:
     3    § 837-v. Report of discharge of weapon.  1. Any law enforcement  offi-
     4  cer  or  peace officer who discharges his or her weapon while on duty or
     5  off duty under circumstances wherein a  person  could  be  struck  by  a
     6  bullet  from  the  weapon,  including  situations  wherein  such officer
     7  discharges his or her weapon in the direction of a person, shall verbal-
     8  ly report the incident to his or her superiors within six hours  of  the
     9  occurrence  of  the incident and shall prepare and file a written report
    10  of the incident within forty-eight hours of the occurrence of the  inci-
    11  dent.   Nothing contained in this section shall prevent any officer from
    12  invoking his or her constitutional right to avoid self-incrimination.
    13    2. As used in this section "law enforcement officer" means a state  or
    14  local  police officer and "peace officer" means any person designated as
    15  a peace officer pursuant to section 2.10 of the criminal procedure law.
    16    § 2. This act shall take effect on the ninetieth day  after  it  shall
    17  have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05659-05-0
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