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A03698 Summary:

BILL NOA03698
 
SAME ASNo Same As
 
SPONSOREpstein
 
COSPNSRJackson
 
MLTSPNSR
 
Amd §837-t, Exec L
 
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.
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A03698 Actions:

BILL NOA03698
 
02/07/2023referred to governmental operations
07/24/2023enacting clause stricken
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A03698 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3698
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:

     1    Section  1.  Subdivision  1  of section 837-t of the executive law, as
     2  added by section 1 of part RR of chapter 55 of  the  laws  of  2019,  is
     3  amended to read as follows:
     4    1.  The chief of every police department, each county sheriff, and the
     5  superintendent of state police shall report to the division, in  a  form
     6  and  manner  as  defined in regulations by the division, any instance or
     7  occurrence in which a police officer, as defined in subdivision  thirty-
     8  four  of section 1.20 of the criminal procedure law, or a peace officer,
     9  as defined in section 2.10 of the criminal procedure  law,  employs  the
    10  use of force as follows:
    11    a.  brandishes,  points,  uses  or  discharges  a firearm at or in the
    12  direction of another person; or
    13    b. uses a chokehold or similar restraint that applies pressure to  the
    14  throat  or windpipe of a person in a manner that may hinder breathing or
    15  reduce intake of air; or
    16    c. displays, uses or deploys a  chemical  agent,  including,  but  not
    17  limited to, oleoresin capsicum, pepper spray or tear gas; or
    18    d.  brandishes,  uses  or deploys an impact weapon, including, but not
    19  limited to, a baton or billy; or
    20    e. brandishes, uses or deploys an electronic control  weapon,  includ-
    21  ing,  but  not  limited  to,  an electronic stun gun, flash bomb or long
    22  range acoustic device; or
    23    f. engages in conduct which results in the  death  or  serious  bodily
    24  injury  of  another  person.  Serious bodily injury is defined as bodily
    25  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

        A. 3698                             2
 
     1  protracted and obvious disfigurement, or protracted loss [of] or impair-
     2  ment of the function of a bodily member, organ or mental faculty.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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