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Assembly Bill A5857A

2013-2014 Legislative Session

Relates to standards for the use of electronic control weapons

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2013-A5857 - Details

Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3234
2017-2018: A3605
2019-2020: A4271
2021-2022: A2031
2023-2024: A648

2013-A5857 - Summary

Relates to standards for the use of electronic control weapons; defines such weapons as conducted energy devices, such as stun guns; requires an annual report to the governor, assembly and senate.

2013-A5857 - Bill Text download pdf 

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

                                  5857

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

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-s
to read as follows:
  S  837-S. 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.
                                                           LBD09466-01-3

co-Sponsors

2013-A5857A (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3234
2017-2018: A3605
2019-2020: A4271
2021-2022: A2031
2023-2024: A648

2013-A5857A (ACTIVE) - Summary

Relates to standards for the use of electronic control weapons; defines such weapons as conducted energy devices, such as stun guns; requires an annual report to the governor, assembly and senate.

2013-A5857A (ACTIVE) - Bill Text download pdf 

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

                                 5857--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

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-s
to read as follows:
  S 837-S. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09466-02-3

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