NY State Senate Bill S2575A

Archive: Last Bill Status Via A10608 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (23)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2020	signed chap.101 delivered to governor
Jun 08, 2020	returned to assembly passed senate 3rd reading cal.677 substituted for s2575b
Jun 08, 2020	substituted by a10608 ordered to third reading cal.677 reported and committed to rules
Jun 05, 2020	print number 2575b
Jun 05, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes returned to senate died in assembly
Jun 19, 2019	referred to codes delivered to assembly passed senate
May 08, 2019	advanced to third reading
May 07, 2019	2nd report cal.
May 06, 2019	1st report cal.563
Apr 29, 2019	print number 2575a
Apr 29, 2019	amend and recommit to codes
Jan 28, 2019	referred to codes

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S2575 - Details

See Assembly Version of this Bill:: A927
Law Section:: Executive Law
Laws Affected:: Add §837-u, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5734
2011-2012: A2953
2013-2014: A3698
2015-2016: A6478
2017-2018: S9133, A3574

S2575 - Summary

Requires 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 to his or her superiors.

S2575 - Sponsor Memo

 
BILL NUMBER: S2575

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
invoking'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 FDP. 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 Tirade. 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:

2017-18: S:9133/A.3574(Perry) - Referred to Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

S2575 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2575

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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.
                                                           LBD05659-01-9

Co-Sponsors

view additional co-sponsors

S2575A - Details

See Assembly Version of this Bill:: A927
Law Section:: Executive Law
Laws Affected:: Add §837-u, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5734
2011-2012: A2953
2013-2014: A3698
2015-2016: A6478
2017-2018: S9133, A3574

S2575A - Summary

S2575A - Sponsor Memo

 
BILL NUMBER: S2575A

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
invoking 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 FDP. 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 Tirade. 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:

2017-18: S:9133/A.3574(Perry) - Referred to Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

S2575A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2575--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced by Sens. BAILEY, RAMOS -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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-u
to read as follows:
  §  837-U. 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.
                                                           LBD05659-02-9

Co-Sponsors

view additional co-sponsors

S2575B (ACTIVE) - Details

See Assembly Version of this Bill:: A927
Law Section:: Executive Law
Laws Affected:: Add §837-u, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5734
2011-2012: A2953
2013-2014: A3698
2015-2016: A6478
2017-2018: S9133, A3574

S2575B (ACTIVE) - Summary

S2575B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2575B

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 imme-
diately 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 PROVISIONS:

Section one of the bill adds § 837-v 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
invoking 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 FDP. 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
responsible for the shooting death. of Tirade. 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 incident 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.

 
LEGISLATIVE HISTORY:

2017-18: S:9133/A.3574(Perry) - Referred to Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

S2575B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2575--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced   by  Sens.  BAILEY,  BRESLIN,  CARLUCCI,  HOYLMAN,  JACKSON,
  KAVANAGH, LIU, RAMOS, SANDERS, SEPULVEDA --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Codes
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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-v
to read as follows:
  § 837-V. 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 on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD05659-04-0

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The New York State Senate

senate Bill S2575A

Sponsored By

Archive: Last Bill Status Via A10608 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2020 - floor Vote

Floor Vote: Jun 8, 2020

May 28, 2020 - Rules committee Vote

Committee Vote: May 28, 2020

Jun 19, 2019 - floor Vote

Floor Vote: Jun 19, 2019

May 6, 2019 - Codes committee Vote

Codes Committee Vote: May 6, 2019

Bill Amendments

Co-Sponsors

S2575 - Details

S2575 - Summary

S2575 - Sponsor Memo

S2575 - Bill Text download pdf

Co-Sponsors

S2575A - Details

S2575A - Summary

S2575A - Sponsor Memo

S2575A - Bill Text download pdf

Co-Sponsors

S2575B (ACTIVE) - Details

S2575B (ACTIVE) - Summary

S2575B (ACTIVE) - Sponsor Memo

S2575B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2575A

Share this bill

Sponsored By

Archive: Last Bill Status Via A10608 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2020 - floor Vote

Floor Vote: Jun 8, 2020

May 28, 2020 - Rules committee Vote

Committee Vote: May 28, 2020

Jun 19, 2019 - floor Vote

Floor Vote: Jun 19, 2019

May 6, 2019 - Codes committee Vote

Codes Committee Vote: May 6, 2019

Bill Amendments

Co-Sponsors

S2575 - Details

S2575 - Summary

S2575 - Sponsor Memo

S2575 - Bill Text download pdf

Co-Sponsors

S2575A - Details

S2575A - Summary

S2575A - Sponsor Memo

S2575A - Bill Text download pdf

Co-Sponsors

S2575B (ACTIVE) - Details

S2575B (ACTIVE) - Summary

S2575B (ACTIVE) - Sponsor Memo

S2575B (ACTIVE) - Bill Text download pdf

Comments