Bill Text: NY S09133 | 2017-2018 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2018-07-13 - REFERRED TO RULES [S09133 Detail]

Download: New_York-2017-S09133-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9133
                    IN SENATE
                                      July 13, 2018
                                       ___________
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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-t
     2  to read as follows:
     3    §  837-t. 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 immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06325-02-7