Assembly Bill A10790

2019-2020 Legislative Session

Relates to reporting the use of force by a police officer or peace officer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10790 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §837-t, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A99
2023-2024: A3698

2019-A10790 (ACTIVE) - Summary

Relates to reporting the use of force by a police officer or peace officer; includes pointing a firearm at or in the direction of another person as a use of force which must be reported.

2019-A10790 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10790
 
                           I N  A S S E M B L Y
 
                               July 10, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Quart) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to reporting of  the  use
   of force
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 837-t of  the  executive  law,  as
 added  by  section  1  of  part RR of chapter 55 of the laws of 2019, is
 amended to read as follows:
   1. The chief of every police department, each county sheriff, and  the
 superintendent  of  state police shall report to the division, in a form
 and manner as defined in regulations by the division,  any  instance  or
 occurrence  in which a police officer, as defined in subdivision thirty-
 four of section 1.20 of the criminal procedure law, or a peace  officer,
 as  defined  in  section 2.10 of the criminal procedure law, employs the
 use of force as follows:
   a. brandishes, POINTS, uses or discharges  a  firearm  at  or  in  the
 direction of another person; or
   b.  uses a chokehold or similar restraint that applies pressure to the
 throat or windpipe of a person in a manner that may hinder breathing  or
 reduce intake of air; or
   c.  displays,  uses  or  deploys  a chemical agent, including, but not
 limited to, oleoresin capsicum, pepper spray or tear gas; or
   d. brandishes, uses or deploys an impact weapon,  including,  but  not
 limited to, a baton or billy; or
   e.  brandishes,  uses or deploys an electronic control weapon, includ-
 ing, but not limited to, an electronic stun  gun,  flash  bomb  or  long
 range acoustic device; or
   f.  engages  in  conduct  which results in the death or serious bodily
 injury of another person. Serious bodily injury  is  defined  as  bodily
 injury  that  involves  a  substantial  risk  of death, unconsciousness,
 protracted and obvious disfigurement, or protracted loss [of] OR impair-
 ment of the function of a bodily member, organ or mental faculty.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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