Bill Text: NY A10790 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to reporting the use of force by a police officer or peace officer; includes pointing a firearm at or in the direction of another person as a use of force which must be reported.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-10 - referred to governmental operations [A10790 Detail]

Download: New_York-2019-A10790-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10790

                   IN ASSEMBLY

                                      July 10, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Quart) --
          read once and referred to the Committee on Governmental Operations

        AN ACT to amend the executive law, in relation to reporting of  the  use
          of force

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

     1    Section 1. Subdivision 1 of section 837-t of  the  executive  law,  as
     2  added  by  section  1  of  part RR of chapter 55 of the laws of 2019, is
     3  amended to read as follows:
     4    1. The chief of every police department, each county sheriff, and  the
     5  superintendent  of  state police shall report to the division, in a form
     6  and manner as defined in regulations by the division,  any  instance  or
     7  occurrence  in which a police officer, as defined in subdivision thirty-
     8  four of section 1.20 of the criminal procedure law, or a peace  officer,
     9  as  defined  in  section 2.10 of the criminal procedure law, employs the
    10  use of force as follows:
    11    a. brandishes, points, uses or discharges  a  firearm  at  or  in  the
    12  direction of another person; or
    13    b.  uses a chokehold or similar restraint that applies pressure to the
    14  throat or windpipe of a person in a manner that may hinder breathing  or
    15  reduce intake of air; or
    16    c.  displays,  uses  or  deploys  a chemical agent, including, but not
    17  limited to, oleoresin capsicum, pepper spray or tear gas; or
    18    d. brandishes, uses or deploys an impact weapon,  including,  but  not
    19  limited to, a baton or billy; or
    20    e.  brandishes,  uses or deploys an electronic control weapon, includ-
    21  ing, but not limited to, an electronic stun  gun,  flash  bomb  or  long
    22  range acoustic device; or
    23    f.  engages  in  conduct  which results in the death or serious bodily
    24  injury of another person. Serious bodily injury  is  defined  as  bodily
    25  injury  that  involves  a  substantial  risk  of death, unconsciousness,
    26  protracted and obvious disfigurement, or protracted loss [of] or impair-
    27  ment of the function of a bodily member, organ or mental faculty.
    28    § 2. This act shall take effect on the ninetieth day  after  it  shall
    29  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16759-01-0