BILL NUMBER:  S4306

 TITLE OF BILL :  An act to amend the executive law, in relation to
mandating electronic stun guns for police and peace officers

 PURPOSE :

To establish a statewide standard for the use of stun guns by police
and peace officers, which mirror federal justice department,
established guidelines. Leaders of law enforcement agencies have
developed those guidelines with the direct input across the nation.

 SUMMARY OF PROVISIONS :

Section 1: The executive law is amended by adding a new section,
837-dd to read as follows: Electronic stun gun for police officers.

1. As used in this section, the following terms have the following
meaning:

a. "Police or peace officer" means a police officer as defined in
subdivision thirty-four of section 1.20 or a peace officer as defined
in section 2.10 of the criminal procedure law:

b. "Electronic stun gun" means any device designed primarily as a
weapon, the purpose of which is to stun, cause mental disorientation,
              

knockout or paralyze a person by passing a high voltage electrical
shock to such person;

c. "law enforcement agency" is an agency established by the state or a
unit of local government which employs police officers or peace
officers who are empowered to use electronic stun guns in the course
of their official duties.

2. Police and peace officers in the state whose regular duties
requires such officer carry a pistol or revolver, shall be equipped
with electronic stun guns by the law enforcement agency under which
they are employed.

3. Police or peace officers equipped with electronic stun guns
pursuant to subdivision two of this section shall complete a training
course approved by the superintendent of state police in the use of
electronic stun guns.

4. Within ninety days of the effective date of this section, the
commissioner, in consultation with the municipal police training
council, shall promulgate rules and regulations in accordance with
department of justice and police executive research forum guidelines
on sound use of force policies and practices related to electronic
stun guns that shall be adopted by all law enforcement agencies. The
commissioner shall also promulgate regulations prescribing standards
for selection by and reimbursement to law enforcement agencies.

5. Beginning December first, two thousand sixteen, law enforcement
agencies providing electronic stun guns for police or peace officers'
use shall file an annual report with the division on the number of
incidents requiring police or peace officers to deploy electronic stun
guns within their jurisdiction, the age, race, ethnicity, and gender
of the civilian involved and a brief description of the incident that
led to the use of the electronic stun gun.

 JUSTIFICATION :

More and more police departments throughout New York have been
equipping their law enforcement personnel with stun guns. These
devices have proven to be useful tools that can prevent the use of
deadly force. In fact, in recent high profile deaths of unarmed
civilians due to the use of excessive force, stun guns could have
prevented the fatalities.

There are many factors that can contribute to improved
police-community relations. Reducing the use of deadly force,
especially of unarmed civilians is a key factor that can be improved
by the use of stun guns rather than a gun. Recently, police fatally
shot an 82-year old grandmother with dementia and who was wielding a
kitchen knife. This is one incident where the use of a stun gun would
have prevented the firing of guns by police and a life would not have
been lost. This situation has repeated itself throughout our state
with varying degrees of factors but in all the stun gun would have
prevented a death.

As stun guns proliferate, it becomes increasingly important for
standardized rules of use to be in place. The U.S. Justice Department
in collaboration with law enforcement representatives has established
standard rules and regulations that can.be adopted by local police
departments in the use of stun guns.

Having statewide and standardized regulations on the use of these
devices is good best practices that improve police-community
relations, while augmenting the professionalism of our police forces.
In addition, the reporting mechanism in this legislation will help
monitor the effectiveness and the level of use of these devices.

Stun guns are a proliferating tool for local law enforcement and this
legislation seeks to standardize the rules and regulations that govern
their use, maintenance and safekeeping.

 LEGISLATIVE HISTORY :

New Bill A. 7962 of 2015. Died in Committee.

 FISCAL IMPLICATIONS :

TBD

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