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This entry was published on 2019-07-19
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Use of force reporting
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 837-t. Use of force reporting. 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, 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,
including, 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,
protracted and obvious disfigurement, or protracted loss of impairment
of the function of a bodily member, organ or mental faculty.

2. On an annual basis, the commissioner shall conspicuously publish on
the department's website a comprehensive report including the use of
force information received under subdivision one of this section during
the preceding year. Such reports shall not identify the names of the
individuals involved, but for each event reported, shall list the date
of the event, the location disaggregated by county and law enforcement
agencies involved, the town or city, and any additional relevant
location information, a description of the circumstances of the event,
and the race, sex, ethnicity, age, or, if unknown, approximate age of
all persons engaging in the use of force or suffering such injury.