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Assembly Bill A6478

2015-2016 Legislative Session

Requires a law enforcement 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

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Archive: Last Bill Status - In Assembly Committee

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2015-A6478 (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Executive Law
Laws Affected:
Add ยง837-s, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5734
2011-2012: A2953
2013-2014: A3698
2017-2018: A3574
2019-2020: A927, A10608

2015-A6478 (ACTIVE) - Summary

Requires a law enforcement 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 to his or her supervisors.

2015-A6478 (ACTIVE) - Bill Text download pdf 

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

                                  6478

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2015
                               ___________

Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON,
  ROBINSON -- read once and referred to the Committee on Codes

AN ACT to amend the executive  law,  in  relation  to  requiring  a  law
  enforcement  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  837-s
to read as follows:
  S  837-S. REPORT OF DISCHARGE OF WEAPON.  1. ANY LAW ENFORCEMENT OFFI-
CER OR 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, SHALL VERBAL-
LY  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 INCI-
DENT.  NOTHING CONTAINED IN THIS SECTION SHALL PREVENT ANY POLICE  OFFI-
CER FROM INVOKING HIS OR HER CONSTITUTIONAL RIGHT TO AVOID SELF-INCRIMI-
NATION.
  2.  AS USED IN THIS SECTION "LAW ENFORCEMENT OFFICER" MEANS A STATE OR
LOCAL POLICE OFFICER AND "PEACE OFFICER" MEANS ANY PERSON DESIGNATED  AS
A PEACE OFFICER PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03017-01-5

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