NY State Senate Bill 2019-S846

Senate Bill S846

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S846 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.21, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7782
2011-2012: S128
2013-2014: S72
2015-2016: S2229
2017-2018: S320

2019-S846 (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.

2019-S846 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S846

SPONSOR: BENJAMIN
 
TITLE OF BILL:

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

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Adds adding a new section 265.21 to the Penal Law to require "The time,
date and purpose of each discharge of a rifle, shotgun, pistol, revol-
ver, or machine-gun by a police officer or peace officer shall be imme-
diately 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. Does 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."

 
EXISTING LAW:

No such requirement in state law.

 
JUSTIFICATION:

The purpose of this bill is to hold a police officer or a peace officer
accountable for their actions. In October 2007, an off-duty police offi-
cer shot and killed a man during a traffic dispute, left the scene of
the incident and turned himself in 19 hours after the incident was
reported on the news. Under current law it is not unlawful for a police
or peace officer to fail to report the firing of his/her weapon. This
bill will require the immediate reporting of the discharge of a weapon.
Failure to do so will is a class A misdemeanor.

 
LEGISLATIVE HISTORY:

2017-18: S.320
2015-2016: S.2229
2013-2014: S.72
2011-12: S.128
2010:  S.7782

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2019-S846 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    846
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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:
 § 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.
   §  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.
                                                            LBD06068-01-9

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