S T A T E O F N E W Y O R K
________________________________________________________________________
9133
I N S E N A T E
July 13, 2018
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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-t
to read as follows:
§ 837-T. 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 OFFICER FROM
INVOKING HIS OR HER CONSTITUTIONAL RIGHT TO AVOID SELF-INCRIMINATION.
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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06325-02-7