BILL NUMBER: S9133

SPONSOR: BAILEY
 
TITLE OF BILL:  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

 
PURPOSE:

To require police or peace officers who discharges their weapons under
circumstances where a person could be struck by a bullet to immediately
report the incident.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds § 837-t to the executive law to require
that any law enforcement officer or peace officer who discharges their
weapon, while on or off duty, where a person could be struck by a bullet
from the weapon is required to verbally report the incident to his or
her supervisor within six hours and prepare and file a written report of
              

within forty-eight hours of the incident.This section also provides that
a law enforcement officer or peace officer is not prevented from invok-
ing his or her constitutional right to avoid self-incrimination and
defines "law enforcement officer" and "peace officer."

Section two of the bill provides the effective date.

 
JUSTIFICATION:

On October 21, 2007, Jayson Tirado was shot and killed while traveling
in a car with friends.Upon arrival at the scene, witnesses informed the
police that the incident was a 'road rage' killing. Mr. Tirado was shot
by a man who discharged a weapon at a car after arguing with a young man
who cut him off on the FDR Drive. Police diligently investigated the
incident, launching a city wide manhunt for the gunman.Police combed
through several neighborhoods, followed up on leads, and even enlisted
the media to implore witnesses to come forward to help apprehend the
perpetrator. The media spent considerable time covering the story, the
police manhunt, its impact on the victim's family, and the public's
fear.

On October 22, 2007, twenty hours after the incident, Sean Sawyer, a
police officer, turned himself in to the police. According to Sawyer,
while off duty on the day of the shooting he believed that he may have
shot someone. Investigators determined that Officer Sawyer was responsi-
ble for the shooting death of Tirado. When the police, media, and the
victim's family inquired as to why Officer Sawyer failed to turn himself
in earlier, Officer Sawyer responded that, despite shooting three times
at a vehicle containing several passengers, he was not required to
report the incident because he was not certain that he had shot someone.
Officer Sawyer further claimed that the shooting of Tirado was justified
because he shot at the vehicle because he believed that Tirado would
have shot him. However, no weapons were found in the car or at the scene
of the incident.

Despite the public outrage over the senseless death of Jayson Tirado and
Officer Sawyer's failure to inform the police of the shooting, prosecu-
tors at the Manhattan DA's office failed to charge Officer Sawyer with
any wrongdoing. The DA and the police department maintained that it is
not a crime to walk away from a shooting, and Officer Sawyer reported
the incident within the required 24 hours.

Officer Sawyer's failure to immediately notify the police of the inci-
dent was not only costly to the City, but also caused officers to spend
a considerable amount of time and energy on the search of the shooter of
Tirado killer. Officer Sawyer's delay in reporting the incident caused
the public undue fear and apprehension.

This bill would require that all police officers and peace officers
report incidents involving the discharge of their weapon within six
hours of the occurrence. This requirement will aid in upholding the
professional dignity of our police officers, as well as save the state's
resources.This bill seeks to keep the bond between police officers and
the community intact.

 
PRIOR LEGISLATIVE HISTORY:

2015-16: A.6478(Perry)- Referred to Rules
2013-14: A.3698(Perry)- Referred to Codes
2011-12: A.2953-A(Perry)- Referred to Rules
2009-10: A.5734(Perry)/S.2786(Adams)- Referred to Codes / Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.