The New York State Senate

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

                                  5734

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Codes

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to requiring a police 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:

  Section 1. The executive law is amended by adding a new section 231 to
read as follows:
  S  231.  REPORT  OF  DISCHARGE  OF WEAPON.   1. ANY POLICE OFFICER WHO
DISCHARGES HIS OR HER WEAPON WHILE ON DUTY OR  OFF  DUTY  UNDER  CIRCUM-
STANCES  WHEREIN  A  PERSON COULD BE STRUCK BY A BULLET FROM THE WEAPON,
INCLUDING SITUATIONS WHEREIN SUCH OFFICER DISCHARGES HIS OR  HER  WEAPON
IN  THE  DIRECTION  OF  A PERSON OR AN ANIMAL, SHALL VERBALLY REPORT THE
INCIDENT TO HIS OR HER SUPERIORS WITHIN SIX HOURS OF THE  OCCURRENCE  OF
THE INCIDENT AND SHALL PREPARE AND FILE A WRITTEN REPORT OF THE INCIDENT
WITHIN  FORTY-EIGHT  HOURS  OF  THE OCCURRENCE OF THE INCIDENT.  NOTHING
CONTAINED IN THIS SECTION SHALL PREVENT ANY POLICE OFFICER FROM INVOKING
HIS OR HER CONSTITUTIONAL RIGHT TO AVOID SELF-INCRIMINATION.
  2. AS USED IN THIS SECTION "POLICE OFFICER"  MEANS  A  MEMBER  OF  THE
STATE POLICE.
  S  2.  The  criminal  procedure law is amended by adding a new section
2.35 to read as follows:
S 2.35 REPORT OF DISCHARGE OF WEAPON.
  1. ANY PEACE OFFICER WHO DISCHARGES HIS OR HER WEAPON WHILE ON DUTY OR
OFF DUTY UNDER CIRCUMSTANCES WHEREIN A  PERSON  COULD  BE  STRUCK  BY  A
BULLET  FROM  THE  WEAPON,  INCLUDING  SITUATIONS  WHEREIN  SUCH OFFICER
DISCHARGES HIS OR HER WEAPON IN THE DIRECTION OF A PERSON OR AN  ANIMAL,
SHALL  VERBALLY  REPORT  THE INCIDENT TO HIS OR HER SUPERIORS WITHIN SIX
HOURS OF THE OCCURRENCE OF THE INCIDENT AND SHALL  PREPARE  AND  FILE  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08764-01-9

A. 5734                             2

WRITTEN  REPORT  OF  THE INCIDENT WITHIN FORTY-EIGHT HOURS OF THE OCCUR-
RENCE OF THE INCIDENT.  NOTHING CONTAINED IN THIS SECTION SHALL  PREVENT
ANY PEACE OFFICER FROM INVOKING HIS OR HER CONSTITUTIONAL RIGHT TO AVOID
SELF-INCRIMINATION.
  2.  AS  USED  IN THIS SECTION "PEACE OFFICER" MEANS A PEACE OFFICER AS
DEFINED IN SECTION 2.10 OF THIS ARTICLE.
  S 3. This act shall take effect immediately.