S T A T E O F N E W Y O R K
________________________________________________________________________
4271
2019-2020 Regular Sessions
I N A S S E M B L Y
February 1, 2019
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Introduced by M. of A. AUBRY -- 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.
LBD08090-01-9
A. 4271 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.