S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3605
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. AUBRY, GOTTFRIED -- 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-t
 to read as follows:
   § 837-T. 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.
              

                                                            LBD08148-01-7

 A. 3605                             2
 
 FACTS SUPPORTING SUCH OFFICER'S DECISION TO DEPLOY SUCH WEAPON,  INCLUD-
 ING  THE  CRIME SUCH INDIVIDUAL IS ALLEGED TO HAVE COMMITTED, A SPECIFIC
 JUSTIFICATION FOR ANY PROLONGED DISCHARGE CYCLE OR MULTIPLE  DISCHARGES,
 THE  AGE,  RACE AND GENDER OF THE INDIVIDUAL AGAINST WHOM THE WEAPON WAS
 DEPLOYED, THE LOCATION OF THE DISCHARGE OF THE WEAPON ON  SUCH  INDIVID-
 UAL'S  BODY,  AND  A  DESCRIPTION  OF ANY KNOWN INJURIES OR DEATH OF THE
 INDIVIDUAL. SUCH INCIDENT REPORTS SHALL BE FORWARDED TO THE COMMISSIONER
 FOR REVIEW BY ALL LAW ENFORCEMENT AGENCIES IMMEDIATELY AFTER EACH  INCI-
 DENT.
   3. IN CONSULTATION WITH LAW ENFORCEMENT AGENCIES THE DIVISION SHALL,
   (A)  COLLECT,  ANALYZE, EVALUATE AND DISSEMINATE STATISTICAL AND OTHER
 DATA RELATING TO THE USE OF ELECTRONIC CONTROL WEAPONS BY  POLICE  OFFI-
 CERS AND PEACE OFFICERS THROUGHOUT THE STATE; AND
   (B)  PRESENT  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
 MINORITY LEADER OF THE SENATE, SPEAKER OF  THE  ASSEMBLY,  THE  MINORITY
 LEADER OF THE ASSEMBLY AN ANNUAL PUBLIC REPORT CONTAINING THE STATISTICS
 AND OTHER INFORMATION REQUIRED BY THIS SUBDIVISION; AND
   (C)  PROMULGATE RULES AND REGULATIONS THAT SHALL BE ADOPTED BY ALL LAW
 ENFORCEMENT AGENCIES TO ASSURE THAT THE USE OF ELECTRONIC CONTROL  WEAP-
 ONS  BY POLICE AND PEACE OFFICERS IN THIS STATE IS APPROPRIATE, SAFE AND
 IN ACCORDANCE WITH DEPARTMENT OF JUSTICE GUIDELINES, AND PROHIBITING USE
 OF SUCH WEAPONS IN CIRCUMSTANCES WHERE THEIR USE  IS  NOT  NECESSARY  OR
 APPROPRIATE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.