S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    648
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the executive law, in relation to standards for the  use
   of electronic control weapons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new section  837-x
 to read as follows:
   §  837-X. STANDARDS FOR USE OF ELECTRONIC CONTROL WEAPONS.  1. FOR THE
 PURPOSES OF THIS SECTION:
   (A) "LAW ENFORCEMENT AGENCY" MEANS AN AGENCY ESTABLISHED BY THE  STATE
 OR  A  UNIT OF LOCAL GOVERNMENT WHICH EMPLOYS POLICE OFFICERS AS DEFINED
 IN SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW  OR  PEACE  OFFICERS  AS
 DEFINED  IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW WHO ARE EMPOWERED
 TO USE ELECTRONIC CONTROL  WEAPONS  IN  THE  COURSE  OF  THEIR  OFFICIAL
 DUTIES.
   (B)  "ELECTRONIC  CONTROL WEAPON" MEANS A CONDUCTED ENERGY DEVICE SUCH
 AS A STUN GUN WHICH  IS  A  LESS-LETHAL  WEAPON  PRIMARILY  DESIGNED  TO
 DISRUPT A SUBJECT'S NERVOUS SYSTEM BY MEANS OF DEPLOYING A HIGH VOLTAGE,
 LOW  POWER  CURRENT OF ELECTRICAL ENERGY SUFFICIENT TO CAUSE PAIN AND/OR
 UNCONTROLLED MUSCLE CONTRACTIONS TO OVERRIDE AN  INDIVIDUAL'S  VOLUNTARY
 MOTOR RESPONSE.
   2.  THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF STATE
 POLICE AND MUNICIPAL POLICE TRAINING COUNCIL, SHALL PROMULGATE A  STAND-
 ARDIZED  INCIDENT  REPORT WHICH SHALL BE USED BY ALL STATE AND LOCAL LAW
 ENFORCEMENT AGENCIES IN THE REPORTING, RECORDING, AND  INVESTIGATION  OF
 ALL  INSTANCES  IN  WHICH  AN  ELECTRONIC  CONTROL  WEAPON  IS  FIRED OR
 DISCHARGED IN THE LINE OF DUTY BY A POLICE OFFICER AS DEFINED IN SECTION
 1.20 OF THE CRIMINAL PROCEDURE LAW OR A  PEACE  OFFICER  AS  DEFINED  IN
 SECTION  2.10 OF THE CRIMINAL PROCEDURE LAW.  SUCH INCIDENT REPORT SHALL
 IDENTIFY THE LAW ENFORCEMENT AGENCY EMPLOYING SUCH OFFICER  AND  INCLUDE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01607-01-3
              

 A. 648                              2
 
 FACTS  SUPPORTING SUCH OFFICER'S DECISION TO DEPLOY SUCH WEAPON, INCLUD-
 ING THE CRIME SUCH INDIVIDUAL IS ALLEGED TO HAVE COMMITTED,  A  SPECIFIC
 JUSTIFICATION  FOR ANY PROLONGED DISCHARGE CYCLE OR MULTIPLE DISCHARGES,
 THE  AGE,  RACE AND GENDER OF THE INDIVIDUAL AGAINST WHOM THE WEAPON WAS
 DEPLOYED, THE LOCATION OF THE DISCHARGE OF THE WEAPON ON  SUCH  INDIVID-
 UAL'S  BODY,  AND  A  DESCRIPTION  OF ANY KNOWN INJURIES OR DEATH OF THE
 INDIVIDUAL. SUCH INCIDENT REPORTS SHALL BE FORWARDED TO THE COMMISSIONER
 FOR REVIEW BY ALL LAW ENFORCEMENT AGENCIES IMMEDIATELY AFTER EACH  INCI-
 DENT.
   3. IN CONSULTATION WITH LAW ENFORCEMENT AGENCIES THE DIVISION SHALL,
   (A)  COLLECT,  ANALYZE, EVALUATE AND DISSEMINATE STATISTICAL AND OTHER
 DATA RELATING TO THE USE OF ELECTRONIC CONTROL WEAPONS BY  POLICE  OFFI-
 CERS AND PEACE OFFICERS THROUGHOUT THE STATE; AND
   (B)  PRESENT  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
 MINORITY LEADER OF THE SENATE, SPEAKER OF THE ASSEMBLY, AND THE MINORITY
 LEADER OF THE ASSEMBLY AN ANNUAL PUBLIC REPORT CONTAINING THE STATISTICS
 AND OTHER INFORMATION REQUIRED BY THIS SUBDIVISION; AND
   (C) PROMULGATE RULES AND REGULATIONS THAT SHALL BE ADOPTED BY ALL  LAW
 ENFORCEMENT  AGENCIES TO ASSURE THAT THE USE OF ELECTRONIC CONTROL WEAP-
 ONS BY POLICE AND PEACE OFFICERS IN THIS STATE IS APPROPRIATE, SAFE  AND
 IN ACCORDANCE WITH DEPARTMENT OF JUSTICE GUIDELINES, AND PROHIBITING USE
 OF  SUCH  WEAPONS  IN  CIRCUMSTANCES WHERE THEIR USE IS NOT NECESSARY OR
 APPROPRIATE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.