Bill Text: NY S08118 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires the state's model law enforcement use of force policy to conform to the United Nations basic principles on the use of force and firearms by law enforcement officials and the United Nations code of conduct for law enforcement officials.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-25 - REFERRED TO CODES [S08118 Detail]

Download: New_York-2021-S08118-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8118

                    IN SENATE

                                    January 25, 2022
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the executive law, in relation to requiring the  state's
          model  law  enforcement  use  of force policy to conform to the United
          Nations basic principles on the use  of  force  and  firearms  by  law
          enforcement  officials  and the United Nations code of conduct for law
          enforcement officials

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

     1    Section  1. Subparagraphs 1, 2 and 3 of paragraph (d) of subdivision 4
     2  of section 840 of the executive law, as added by section 1 of part ZZ of
     3  chapter 55 of the laws of 2019, are amended to read as follows:
     4    (1) Establish and regularly update a  model  law  enforcement  use  of
     5  force  policy suitable for adoption by any agency that employs police or
     6  peace officers. Such model law enforcement use of force policy shall  be
     7  consistent  with the United Nations basic principles on the use of force
     8  and firearms by law enforcement officials and the United Nations code of
     9  conduct for law enforcement  officials,  except  that  the  council  may
    10  impose further and additional restrictions on the use of force.
    11    (2)  The  model law enforcement use of force policy shall include, but
    12  is not limited to:
    13    (i) information on current law as it relates to the use  of  force  by
    14  police and peace officers;
    15    (ii)  guidelines  regarding  when use of force is permitted, including
    16  but not limited to:
    17    (A) a general definition of force;
    18    (B) a separate definition of lethal force that  includes  any  use  of
    19  firearms and other police actions likely to cause death or serious bodi-
    20  ly harm;
    21    (C)  restrictions  on  the  use  of lethal force, which shall strictly
    22  prohibit the use of lethal force unless:
    23    (I) an officer or a third person faces a direct  threat  of  death  or
    24  serious bodily harm;
    25    (II) the threat faced is imminent or current; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06447-01-1
        S. 8118                             2

     1    (III) less extreme measures such as persuasion or verbal warning would
     2  prove  ineffective  in neutralizing the threat to life or serious bodily
     3  harm; and
     4    (D)  prohibition on the use of lethal force to detain a fleeing felon,
     5  except when the fleeing offender offers armed resistance that represents
     6  an immediate threat to life or threat of serious bodily  harm  and  less
     7  extreme measures would be ineffective in countering that threat;
     8    (iii)  requirements for documenting all instances of the use of lethal
     9  force, including but not limited  to  the  reporting  and  investigatory
    10  procedures  referenced  in clause (iv) of this subparagraph and the data
    11  collection procedures referenced in clause (x) of this subparagraph;
    12    (iv) procedures for investigating use of force incidents, which  shall
    13  include:
    14    (A)  prompt  reporting  to  an immediate superior each time an officer
    15  uses any force, followed by a timely internal investigation conducted by
    16  parties independent from the law enforcement officers  involved  in  the
    17  incident.  This  internal  investigation  shall provide for disciplinary
    18  sanctions, including command and superior responsibility;
    19    (B) prompt reporting to an independent  and  external  oversight  body
    20  each  time  an  officer  discharges  a  firearm or otherwise uses lethal
    21  force, followed by an external investigation to  determine  whether  the
    22  use  of lethal force was justified under item (C) of clause (ii) of this
    23  subparagraph. The external oversight body shall be comprised of  members
    24  of the community and have immediate access to all officers and witnesses
    25  involved,  as  well  as  any reports or internal investigatory materials
    26  created as a result of the use of force incident. This external investi-
    27  gation shall provide for disciplinary measures,  including  termination,
    28  of  the  officers  involved. Persons affected by a law enforcement offi-
    29  cial's use of lethal force shall be entitled to participate in the proc-
    30  ess; and
    31    (C) a separate, impartial, and exhaustive official investigation where
    32  the independent and external oversight body concludes that  the  use  of
    33  lethal  force  was  improper,  by  the  state and headed by the attorney
    34  general, that is initiated in a prompt  and  reasonable  manner  and  is
    35  subject to public scrutiny;
    36    (v)  guidelines  regarding  excessive  use  of force including duty to
    37  intervene, reporting, and timely medical treatment for injured persons;
    38    (vi) standards for failure to adhere to use of force guidelines;
    39    (vii)  [training  mandates  on  use  of  force,  conflict  prevention,
    40  conflict resolution and negotiation, de-escalation techniques and strat-
    41  egies,  including, but not limited to, interacting with persons present-
    42  ing in an agitated condition; and
    43    (viii) prohibited uses of force] guidelines regarding  officers'  duty
    44  to  intervene  when  another  officer's use of force is excessive, arbi-
    45  trary, abusive, and otherwise outside the clear  restrictions  contained
    46  in  the use of force policy established pursuant to this subdivision, as
    47  well as a requirement that the officer report to  his  or  her  superior
    48  when  he or she has knowledge of another officer's excessive, arbitrary,
    49  or abusive use of force;
    50    (viii) guidelines regarding the provision of timely medical  treatment
    51  for all persons injured by police use of force;
    52    (ix) resources for officers involved in use of force incidents includ-
    53  ing but not limited to stress counseling;
    54    (x)  a program to collect, store, analyze and publicize data on police
    55  actions, including all incidents involving police or peace  officer  use
    56  of lethal force within the state;
        S. 8118                             3

     1    (xi)  mandated  training  on  the  use  of force, conflict prevention,
     2  conflict resolution and negotiation  and  de-escalation  techniques  and
     3  strategies,  including,  but  not  limited  to, specialized training for
     4  interacting with persons in an agitated condition;
     5    (xii)  upstream preventative measures aimed at limiting police contact
     6  in situations most likely to experience excessive force. These  measures
     7  may  include  but are not limited to reduced police stops for quality of
     8  life crimes such as vandalism, drug addiction, and public  intoxication;
     9  and
    10    (xiii)  a  mechanism  for review and approval of any changes to police
    11  use of force policies by the external oversight body referred to in item
    12  (B) of clause (iv) of this subparagraph in consultation with members  of
    13  the community and civil society.
    14    (3)  The  person  in  charge  of  every local police department, local
    15  correctional facility, each county sheriff, the  superintendent  of  the
    16  division  of  the  state  police,  the commissioner of the department of
    17  corrections and community supervision, and the person in charge of every
    18  agency that employs a police or peace officer in this state shall  adopt
    19  and  implement  a use of force policy in the agency of which they are in
    20  charge. Such use of force policy shall be consistent with the model  law
    21  enforcement  use  of  force policy established pursuant to this subdivi-
    22  sion, except that such  departments,  county  sheriffs,  superintendent,
    23  commissioner  and  agencies  that  employ  a police or peace officer may
    24  impose further and additional restrictions on the use of force, in  such
    25  use of force policy or otherwise.
    26    § 2. This act shall take effect immediately.