Bill Text: NY S02575 | 2019-2020 | General Assembly | Amended

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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 19-0)

Status: (Passed) 2020-06-15 - signed chap.101 [S02575 Detail]

Download: New_York-2019-S02575-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2575--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 28, 2019
                                       ___________

        Introduced   by  Sens.  BAILEY,  BRESLIN,  CARLUCCI,  HOYLMAN,  JACKSON,
          KAVANAGH, LIU, RAMOS, SANDERS, SEPULVEDA --  read  twice  and  ordered
          printed, and when printed to be committed to the Committee on Codes --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- recommitted to the Committee on Codes
          in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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.
                                                                   LBD05659-04-0