Assembly Bill A3698

2023-2024 Legislative Session

Relates to reporting the use of force by a police officer or peace officer

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Current Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A3698 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §837-t, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10790
2021-2022: A99

2023-A3698 (ACTIVE) - Summary

Relates to reporting the use of force by a police officer or peace officer; includes pointing a firearm at or in the direction of another person as a use of force which must be reported.

2023-A3698 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3698
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced by M. of A. EPSTEIN, JACKSON -- read once and referred to the
   Committee on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to reporting of the use
   of force
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of section 837-t of the executive law, as
 added by section 1 of part RR of chapter 55 of  the  laws  of  2019,  is
 amended to read as follows:
   1.  The chief of every police department, each county sheriff, and the
 superintendent of state police shall report to the division, in  a  form
 and  manner  as  defined in regulations by the division, 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:
   a.  brandishes,  POINTS,  uses  or  discharges  a firearm at or in the
 direction of another person; or
   b. 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
   c. displays, uses or deploys a  chemical  agent,  including,  but  not
 limited to, oleoresin capsicum, pepper spray or tear gas; or
   d.  brandishes,  uses  or deploys an impact weapon, including, but not
 limited to, a baton or billy; or
   e. 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
   f. 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.
                                                            LBD07719-01-3

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