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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to codes
Apr 12, 2011 defeated in codes
Mar 08, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to codes

Votes

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Apr 12, 2011 - Codes committee Vote

S128
5
8
committee
5
Aye
8
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 12, 2011

aye wr (1)
excused (2)

Co-Sponsors

S128 - Bill Details

See Assembly Version of this Bill:
A6822
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add ยง265.21, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2083, S7782, A1539

S128 - Bill Texts

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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.

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BILL NUMBER:S128

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:
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.
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.

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 officer 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:
2010: S.7782

FISCAL IMPLICATIONS:
None.

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

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                    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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