Senate Bill S8118

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8118
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 the  state's
   model  law  enforcement  use  of force policy to conform to the United
   Nations basic principles on the use  of  force  and  firearms  by  law
   enforcement  officials  and the United Nations code of conduct for law
   enforcement officials
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subparagraphs 1, 2 and 3 of paragraph (d) of subdivision 4
 of section 840 of the executive law, as added by section 1 of part ZZ of
 chapter 55 of the laws of 2019, are amended to read as follows:
   (1) Establish and regularly update a  model  law  enforcement  use  of
 force  policy suitable for adoption by any agency that employs police or
 peace officers. SUCH MODEL LAW ENFORCEMENT USE OF FORCE POLICY SHALL  BE
 CONSISTENT  WITH THE UNITED NATIONS BASIC PRINCIPLES ON THE USE OF FORCE
 AND FIREARMS BY LAW ENFORCEMENT OFFICIALS AND THE UNITED NATIONS CODE OF
 CONDUCT FOR LAW ENFORCEMENT  OFFICIALS,  EXCEPT  THAT  THE  COUNCIL  MAY
 IMPOSE FURTHER AND ADDITIONAL RESTRICTIONS ON THE USE OF FORCE.
   (2)  The  model law enforcement use of force policy shall include, but
 is not limited to:
   (i) information on current law as it relates to the use  of  force  by
 police and peace officers;
   (ii)  guidelines  regarding  when use of force is permitted, INCLUDING
 BUT NOT LIMITED TO:
   (A) A GENERAL DEFINITION OF FORCE;
   (B) A SEPARATE DEFINITION OF LETHAL FORCE THAT  INCLUDES  ANY  USE  OF
 FIREARMS AND OTHER POLICE ACTIONS LIKELY TO CAUSE DEATH OR SERIOUS BODI-
 LY HARM;
   (C)  RESTRICTIONS  ON  THE  USE  OF LETHAL FORCE, WHICH SHALL STRICTLY
 PROHIBIT THE USE OF LETHAL FORCE UNLESS:
   (I) AN OFFICER OR A THIRD PERSON FACES A DIRECT  THREAT  OF  DEATH  OR
 SERIOUS BODILY HARM;
   (II) THE THREAT FACED IS IMMINENT OR CURRENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06447-01-1
 S. 8118                             2
 
   (III) LESS EXTREME MEASURES SUCH AS PERSUASION OR VERBAL WARNING WOULD
 PROVE  INEFFECTIVE  IN NEUTRALIZING THE THREAT TO LIFE OR SERIOUS BODILY
 HARM; AND
   (D)  PROHIBITION ON THE USE OF LETHAL FORCE TO DETAIN A FLEEING FELON,
 EXCEPT WHEN THE FLEEING OFFENDER OFFERS ARMED RESISTANCE THAT REPRESENTS
 AN IMMEDIATE THREAT TO LIFE OR THREAT OF SERIOUS BODILY  HARM  AND  LESS
 EXTREME MEASURES WOULD BE INEFFECTIVE IN COUNTERING THAT THREAT;
   (iii)  requirements for documenting ALL INSTANCES OF THE use of LETHAL
 force, INCLUDING BUT NOT LIMITED  TO  THE  REPORTING  AND  INVESTIGATORY
 PROCEDURES  REFERENCED  IN CLAUSE (IV) OF THIS SUBPARAGRAPH AND THE DATA
 COLLECTION PROCEDURES REFERENCED IN CLAUSE (X) OF THIS SUBPARAGRAPH;
   (iv) procedures for investigating use of force incidents, WHICH  SHALL
 INCLUDE:
   (A)  PROMPT  REPORTING  TO  AN IMMEDIATE SUPERIOR EACH TIME AN OFFICER
 USES ANY FORCE, FOLLOWED BY A TIMELY INTERNAL INVESTIGATION CONDUCTED BY
 PARTIES INDEPENDENT FROM THE LAW ENFORCEMENT OFFICERS  INVOLVED  IN  THE
 INCIDENT.  THIS  INTERNAL  INVESTIGATION  SHALL PROVIDE FOR DISCIPLINARY
 SANCTIONS, INCLUDING COMMAND AND SUPERIOR RESPONSIBILITY;
   (B) PROMPT REPORTING TO AN INDEPENDENT  AND  EXTERNAL  OVERSIGHT  BODY
 EACH  TIME  AN  OFFICER  DISCHARGES  A  FIREARM OR OTHERWISE USES LETHAL
 FORCE, FOLLOWED BY AN EXTERNAL INVESTIGATION TO  DETERMINE  WHETHER  THE
 USE  OF LETHAL FORCE WAS JUSTIFIED UNDER ITEM (C) OF CLAUSE (II) OF THIS
 SUBPARAGRAPH. THE EXTERNAL OVERSIGHT BODY SHALL BE COMPRISED OF  MEMBERS
 OF THE COMMUNITY AND HAVE IMMEDIATE ACCESS TO ALL OFFICERS AND WITNESSES
 INVOLVED,  AS  WELL  AS  ANY REPORTS OR INTERNAL INVESTIGATORY MATERIALS
 CREATED AS A RESULT OF THE USE OF FORCE INCIDENT. THIS EXTERNAL INVESTI-
 GATION SHALL PROVIDE FOR DISCIPLINARY MEASURES,  INCLUDING  TERMINATION,
 OF  THE  OFFICERS  INVOLVED. PERSONS AFFECTED BY A LAW ENFORCEMENT OFFI-
 CIAL'S USE OF LETHAL FORCE SHALL BE ENTITLED TO PARTICIPATE IN THE PROC-
 ESS; AND
   (C) A SEPARATE, IMPARTIAL, AND EXHAUSTIVE OFFICIAL INVESTIGATION WHERE
 THE INDEPENDENT AND EXTERNAL OVERSIGHT BODY CONCLUDES THAT  THE  USE  OF
 LETHAL  FORCE  WAS  IMPROPER,  BY  THE  STATE AND HEADED BY THE ATTORNEY
 GENERAL, THAT IS INITIATED IN A PROMPT  AND  REASONABLE  MANNER  AND  IS
 SUBJECT TO PUBLIC SCRUTINY;
   (v)  guidelines  regarding  excessive  use  of force including duty to
 intervene, reporting, and timely medical treatment for injured persons;
   (vi) standards for failure to adhere to use of force guidelines;
   (vii)  [training  mandates  on  use  of  force,  conflict  prevention,
 conflict resolution and negotiation, de-escalation techniques and strat-
 egies,  including, but not limited to, interacting with persons present-
 ing in an agitated condition; and
   (viii) prohibited uses of force] GUIDELINES REGARDING  OFFICERS'  DUTY
 TO  INTERVENE  WHEN  ANOTHER  OFFICER'S USE OF FORCE IS EXCESSIVE, ARBI-
 TRARY, ABUSIVE, AND OTHERWISE OUTSIDE THE CLEAR  RESTRICTIONS  CONTAINED
 IN  THE USE OF FORCE POLICY ESTABLISHED PURSUANT TO THIS SUBDIVISION, AS
 WELL AS A REQUIREMENT THAT THE OFFICER REPORT TO  HIS  OR  HER  SUPERIOR
 WHEN  HE OR SHE HAS KNOWLEDGE OF ANOTHER OFFICER'S EXCESSIVE, ARBITRARY,
 OR ABUSIVE USE OF FORCE;
   (VIII) GUIDELINES REGARDING THE PROVISION OF TIMELY MEDICAL  TREATMENT
 FOR ALL PERSONS INJURED BY POLICE USE OF FORCE;
   (IX) RESOURCES FOR OFFICERS INVOLVED IN USE OF FORCE INCIDENTS INCLUD-
 ING BUT NOT LIMITED TO STRESS COUNSELING;
   (X)  A PROGRAM TO COLLECT, STORE, ANALYZE AND PUBLICIZE DATA ON POLICE
 ACTIONS, INCLUDING ALL INCIDENTS INVOLVING POLICE OR PEACE  OFFICER  USE
 OF LETHAL FORCE WITHIN THE STATE;
 S. 8118                             3
 
   (XI)  MANDATED  TRAINING  ON  THE  USE  OF FORCE, CONFLICT PREVENTION,
 CONFLICT RESOLUTION AND NEGOTIATION  AND  DE-ESCALATION  TECHNIQUES  AND
 STRATEGIES,  INCLUDING,  BUT  NOT  LIMITED  TO, SPECIALIZED TRAINING FOR
 INTERACTING WITH PERSONS IN AN AGITATED CONDITION;
   (XII)  UPSTREAM PREVENTATIVE MEASURES AIMED AT LIMITING POLICE CONTACT
 IN SITUATIONS MOST LIKELY TO EXPERIENCE EXCESSIVE FORCE. THESE  MEASURES
 MAY  INCLUDE  BUT ARE NOT LIMITED TO REDUCED POLICE STOPS FOR QUALITY OF
 LIFE CRIMES SUCH AS VANDALISM, DRUG ADDICTION, AND PUBLIC  INTOXICATION;
 AND
   (XIII)  A  MECHANISM  FOR REVIEW AND APPROVAL OF ANY CHANGES TO POLICE
 USE OF FORCE POLICIES BY THE EXTERNAL OVERSIGHT BODY REFERRED TO IN ITEM
 (B) OF CLAUSE (IV) OF THIS SUBPARAGRAPH IN CONSULTATION WITH MEMBERS  OF
 THE COMMUNITY AND CIVIL SOCIETY.
   (3)  The  person  in  charge  of  every local police department, local
 correctional facility, each county sheriff, the  superintendent  of  the
 division  of  the  state  police,  the commissioner of the department of
 corrections and community supervision, and the person in charge of every
 agency that employs a POLICE OR peace officer in this state shall  adopt
 and  implement  a use of force policy in the agency of which they are in
 charge. Such use of force policy shall be consistent with the model  law
 enforcement  use  of  force policy established pursuant to this subdivi-
 sion, except that such  departments,  county  sheriffs,  superintendent,
 commissioner  and  agencies  that  employ  a POLICE OR peace officer may
 impose further and additional restrictions on the use of force, in  such
 use of force policy or otherwise.
   § 2. This act shall take effect immediately.