Senate Bill S2819

                                BILL NUMBER:S2819

TITLE OF BILL:  An act to amend the executive law and the criminal
procedure law, in relation to requiring a police officer or peace offi-
cer who discharges his or her weapon under circumstances where a person
could be struck by a bullet to immediately report the incident

PURPOSE OR GENERAL IDEA OF BILL:  To require police officers or peace
officer who discharges their weapons under circumstances where a person
could be struck by a bullet to report this incident immediately.

SUMMARY OF SPECIFIC PROVISIONS:  This bill would amend the executive law
by adding section 231 Report of discharge weapon (1) Any police officer
who discharges his or her weapon aimed at a person or at a target other
than authorized target practice while on or off duty under circumstances
wherein a person could be struck by a bullet from such a weapon shall
verbally report the incident to his or her supervisor within six hours
of the occurrence and shall prepare or file a written report of the
incident with twenty four hours of the incident.

This bill amends the criminal procedure law by adding section 2.35
Report of discharge of weapon requiring any police officer who
discharges his or her weapon aimed at a person or at a target other than
authorized target practice while on or off duty under circumstances
wherein a person could be struck by a bullet from such a weapon shall
verbally report the incident to his or her supervisor within six hours
              

of the occurrence and shall prepare or file a written report of the
incident with twenty four hours of the incident.

JUSTIFICATION:  On October 21, 2007, Jayson Tirado was shot and killed
while traveling in a car with friends. Upon arrival to the scene
witnesses informed police that the incident was a "road rage" killing.
Mr. Tirado was shot by a man who discharged his weapon at a car after
arguing with a young man who cut him off on the FDR drive. Police dili-
gently investigated the incident, launching a city wide man hunt of the
gun man. They combed through several neighborhoods, followed up on leads
and even enlisted the help of the media to implore witnesses to come
forward to help apprehend the perpetrator. During this search the police
expanding time and funds searching diligently for what they believe to
be a lawless gunman on the loose. In addition to the time and money
being expanding by the police in this matter, the public through the
media expressed a state of apprehension and fear at the fact that a
murderous gunman was on the loose. The media spent considerable
time.covering the story, the police manhunt, its affect on the family of
the victim as well as the fear it evoked in the public.

Finally, on October 22, 2007, twenty hours after the incident, Sean
Sawyer, a police officer, turns himself into police stating that while
off duty on the day of the shooting he believes that he may have shot
someone. After investigating the matter, investigators determined that
Officer Sawyer was responsible for the shooting death of Mr. Tirado.

When the police, media and the victim's inquired as to why he failed to
turn himself in early, Officer Sawyer responded that despite shooting at
the vehicle containing several passengers three times he was not
required to do so because he was not certain that he had actually hit
anyone. Further, Officer Sawyer claims that his shooting of Mr. Tirado
was justified in that he shot at the vehicle in defense of this life
because he believed that Mr. Tirado would have shot him despite the fact
that no weapons whatsoever were found on anyone in the car at the time
of the incident.

Despite the public outrage over the senseless death of Mr. Tirado and
officer Sawyer's failure to inform his superiors of the shooting, prose-
cutors at the Manhattan DA fail to charge Officer Sawyer with any wrong
doing. The position by the DA and the police department is that it is
not a crime to walk away from a shooting as such officer Sawyer was
within his right to report the incident twenty hours after it occurred
despite media's the extensive media coverage on the police's search for
the gunman.

Irrespective of the merits of Officer Sawyer's claim of self defense,
stands the issue of his failure to report this incident immediately to
his superiors. Officer Sawyer's failure to notify the police of the
incident not only cost this city a substantial amount of funds but also
immobilized it by forcing officers to spent considerable time energy on
a manhunt for Mr. Tirado's killer. In addition, it created unnecessary
fear and apprehension within the public.

This bill would require that all police officers and peace keeping offi-
cers report incidents involving the discharge of their weapon within six
hours of the occurrence. Requiring officers to report these occurrences
not only served to uphold the professional dignity of our police offi-
cers but also saves the state time and money by preventing the expendi-
ture of resources on an unnecessary investigating and search for a
perpetrator. Aside from keeping the community from a state of panic at
the idea of a criminal on loose, this bill also keeps intact the bond
between our officers and the community that they are sworn to protect.
It is unquestionable that incidents such as that which occurred with
officer Sawyer undermines the confidence that the public has in our
officers and their ability to keep our society safe.

PRIOR LEGISLATIVE HISTORY: 2010: S.2786

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:  This act shall take effect immediately.