Assembly Bill A9918

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9918
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to requiring reporting to
   the federal  bureau  of  investigation's  national  use-of-force  data
   collection program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 837-t of the executive law is amended by  adding  a
 new subdivision 3 to read as follows:
   3.  A.  IN ADDITION TO THE REPORTING REQUIREMENTS ESTABLISHED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION, THE CHIEF OF  EVERY  POLICE  DEPART-
 MENT,  EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE SHALL
 REPORT TO THE FEDERAL BUREAU OF  INVESTIGATION'S  NATIONAL  USE-OF-FORCE
 DATA  COLLECTION  PROGRAM,  IN  A  FORM  AND MANNER AS REQUESTED BY SUCH
 BUREAU, 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:
   (I) BRANDISHES, USES OR DISCHARGES A FIREARM OR NON-LETHAL  PROJECTION
 WEAPON,  INCLUDING, BUT NOT LIMITED TO, THE USE OF RUBBER BULLETS, AT OR
 IN THE DIRECTION OF ANOTHER PERSON; OR
   (II) 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
   (III)  DISPLAYS,  USES OR DEPLOYS A CHEMICAL AGENT, INCLUDING, BUT NOT
 LIMITED TO, OLEORESIN CAPSICUM, PEPPER SPRAY OR TEAR GAS; OR
   (IV) BRANDISHES, USES OR DEPLOYS AN IMPACT WEAPON, INCLUDING, BUT  NOT
 LIMITED TO, A BATON OR BILLY; OR
   (V)  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
   (VI)  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11841-01-1
 A. 9918                             2
 
 PROTRACTED AND OBVIOUS DISFIGUREMENT, OR PROTRACTED LOSS  OR  IMPAIRMENT
 OF THE FUNCTION OF A BODILY MEMBER, ORGAN OR MENTAL FACULTY.
   B.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, DETAILED CIRCUM-
 STANCES OF EVERY INCIDENT,  THE  AGE,  RACE,  SEX,  SEXUAL  ORIENTATION,
 GENDER,  GENDER  IDENTITY  OR  EXPRESSION,  AND ETHNICITY OF ALL PERSONS
 ENGAGING IN THE USE OF FORCE OR SUFFERING SUCH INJURY.
   C. ANY POLICE DEPARTMENT OR SHERIFF'S OFFICE, OR THE DIVISION OF STATE
 POLICE THAT FAILS TO MAKE A REPORT REQUIRED PURSUANT TO THIS SUBDIVISION
 SHALL BE SUBJECT TO THE WITHHOLDING OF TEN PERCENT OF ANY STATE  FUNDING
 DUE  TO SUCH DEPARTMENT OR OFFICE, OR THE DIVISION OF STATE POLICE UNTIL
 SUCH REPORT HAS BEEN SUBMITTED.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.