S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5309
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to mandating electronic
   stun guns for police and peace officers
 
   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-d-1 to read as follows:
   § 837-D-1. ELECTRONIC STUN GUN FOR POLICE AND PEACE OFFICERS. 1.    AS
 USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (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,
 KNOCK OUT OR PARALYZE A PERSON BY  PASSING  A  HIGH  VOLTAGE  ELECTRICAL
 SHOCK TO SUCH PERSON;
   (C)  "LAW ENFORCEMENT AGENCY" MEANS 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 REQUIRE
 SUCH OFFICER CARRY A PISTOL OR REVOLVER, SHALL BE  EQUIPPED  WITH  ELEC-
 TRONIC  STUN  GUNS  BY  THE  LAW ENFORCEMENT AGENCY UNDER WHICH THEY ARE
 EMPLOYED.
   3. POLICE OR PEACE OFFICERS EQUIPPED WITH ELECTRONIC STUN GUNS  PURSU-
 ANT  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  COUN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08872-01-9

 A. 5309                             2
 
 CIL,  SHALL  PROMULGATE RULES AND REGULATIONS IN ACCORDANCE WITH DEPART-
 MENT 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  TWENTY,  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 INCI-
 DENTS 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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law; provided that the commissioner of criminal
 justice services is authorized to immediately  promulgate  any  and  all
 rules and regulations and take any other measures necessary to implement
 this act on its effective date.