Assembly Bill A1811

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1811
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 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 ACCORDANCE WITH THE REPORTING REQUIREMENTS ESTABLISHED PURSU-
 ANT TO SUBDIVISION ONE OF THIS SECTION, THE DIVISION OF CRIMINAL JUSTICE
 SERVICES  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02598-01-5
 A. 1811                             2
              

 
   (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,
 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 SUBDIVISION  ONE
 OF  THIS  SECTION  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.