Senate Bill S128

2011-2012 Legislative Session

Requires police officers and peace officers to report any discharge of their weapon to the agency which employs them

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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S128 (ACTIVE) - Details

See Assembly Version of this Bill:
A6822
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §265.21, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7782, A1539
2013-2014: S72
2015-2016: S2229
2017-2018: S320
2019-2020: S846

2011-S128 (ACTIVE) - Summary

Requires every police officer and peace officer to report every discharge of his or her weapon, regardless of whether he or she is on duty, to the law enforcement agency which employs such officer; such provisions shall not apply to target shooting or hunting; failure to report is a class A misdemeanor.

2011-S128 (ACTIVE) - Sponsor Memo

2011-S128 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   128

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. PERALTA, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to requiring a police officer
  or peace officer to report the discharge of his or her weapon  to  the
  law enforcement agency employing such officer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 265.21  to
read as follows:
S 265.21 DISCHARGE  OF  WEAPON TO BE REPORTED; POLICE OFFICERS AND PEACE
           OFFICERS.
  A. THE TIME, DATE AND PURPOSE OF EACH DISCHARGE OF A  RIFLE,  SHOTGUN,
PISTOL,  REVOLVER  OR  MACHINE-GUN  BY A POLICE OFFICER OR PEACE OFFICER
SHALL BE IMMEDIATELY REPORTED TO THE LAW  ENFORCEMENT  AGENCY  EMPLOYING
SUCH  OFFICER, REGARDLESS OF WHETHER THE POLICE OFFICER OR PEACE OFFICER
WAS ON OR OFF DUTY AT THE TIME OF SUCH DISCHARGE OF A WEAPON.
  B. THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION SHALL  NOT  APPLY
TO  ANY DISCHARGE OF A WEAPON AT AN INDOOR OR OUTDOOR SHOOTING RANGE FOR
THE PURPOSE OF PROFICIENCY, TARGET SHOOTING OR FIREARMS COMPETITION,  OR
TO  ANY  DISCHARGE  OF  A  WEAPON FOR THE PURPOSE OF HUNTING PURSUANT TO
TITLE NINE OF ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
  C. THE FAILURE TO REPORT PURSUANT TO SUBDIVISION A OF THIS SECTION  IS
A CLASS A MISDEMEANOR.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01615-01-1


              

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