Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 | referred to codes |
Feb 19, 2009 | referred to codes |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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A5734 (ACTIVE) - Details
- See Senate Version of this Bill:
- S2786
- Current Committee:
- Assembly Codes
- Law Section:
- Executive Law
- Laws Affected:
- Add §231, Exec L; add §2.35, CP L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012: A2953, S3940
2013-2014: A3698, S2819
2015-2016: A6478
2017-2018: A3574
2019-2020: A927, A10608
A5734 (ACTIVE) - Bill Text download pdf
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