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A10608 Summary:

BILL NOA10608
 
SAME ASSAME AS S02575-B
 
SPONSORRules (Perry)
 
COSPNSRHeastie, Peoples-Stokes, Aubry, Walker, Frontus, Fernandez, Richardson, Crespo, Jaffee, Otis, Vanel, Simotas, Hyndman, Glick, Gottfried, Weprin, Abinanti, Arroyo, Bichotte, Blake, Bronson, Carroll, Cruz, De La Rosa, DenDekker, Epstein, Hunter, Jacobson, Lifton, McDonald, Nolan, O'Donnell, Ortiz, Pichardo, Pretlow, Ramos, Reyes, Rosenthal D, Rosenthal L, Seawright, Simon, Steck, Taylor, Thiele, Weinstein, Wright, Quart, Dinowitz, Stirpe, Lupardo, Colton, Galef
 
MLTSPNSR
 
Add 837-v, Exec L
 
Requires a law enforcement officer or peace officer who discharges his or her weapon under circumstances where a person could be struck by a bullet to immediately report the incident to his or her superiors.
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A10608 Actions:

BILL NOA10608
 
06/05/2020referred to codes
06/08/2020reported referred to rules
06/08/2020reported
06/08/2020rules report cal.65
06/08/2020ordered to third reading rules cal.65
06/08/2020passed assembly
06/08/2020delivered to senate
06/08/2020REFERRED TO RULES
06/08/2020SUBSTITUTED FOR S2575B
06/08/20203RD READING CAL.677
06/08/2020PASSED SENATE
06/08/2020RETURNED TO ASSEMBLY
06/15/2020delivered to governor
06/15/2020signed chap.101
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A10608 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10608
 
SPONSOR: Rules (Perry)
  TITLE OF BILL: An act to amend the executive law, in relation to requiring a law enforcement officer or peace officer who discharges his or her weapon under circumstances where a person could be struck by a bullet to imme- diately report the incident   PURPOSE OR GENERAL IDEA OF BILL: To require police or peace officers who discharges their weapons under circumstances where a person could be struck,by a bullet to immediately report the incident.   SUMMARY OF PROVISIONS: Section one of the bill adds § 837-u to the executive law to require that any law enforcement officer or peace officer who discharges their weapon, while on or off duty, where a person could be struck by a bullet from the weapon is required to verbally report the incident to his or her supervisor within six hours and prepare and file a written report within forty-eight hours of the incident. This section also provides that a law enforcement officer or peace officer is not prevented from invoking his or her constitutional right to avoid self-incrimination and defines "law enforcement officer" and "peace officer." Section two of the bill provides the effective date.   JUSTIFICATION: On October 21, 2007, Jayson Tirado was shot and killed while traveling in a car with friends. Upon arrival at the scene, witnesses informed the police that the incident was a 'road rage' killing. Mr. Tirado was shot by a man who discharged a weapon at a car after arguing with a young man who cut him off on the FDR Drive. Police diligently investigated the incident, launching a city wide man hunt for the gun man. Police combed through several neighborhoods, followed up on leads, and even enlisted the media to implore witnesses to come forward to help apprehend the perpetrator. The media spent considerable time covering the story, the police manhunt, its impact on the victim's family, and the public's fear. On October 22, 2007, twenty hours after the incident, Sean Sawyer, a police officer, turned himself in to the police. According to Sawyer, while off duty on the day of the shooting he believed that he may have shot someone. Investigators determined that Officer Sawyer was responsi- ble for the shooting death of Tirado. When the police, media, and the victim's family inquired as to why Officer Sawyer failed to turn himself in earlier, Officer Sawyer responded that, despite shooting three times at a vehicle containing several passengers, he was not required to report the incident because he was not certain that he had shot someone. Officer Sawyer further claimed that the shooting of Tirado was justified because he shot at the vehicle because he believed that Tirado would have shot him_However, no weapons were found in the car or at the scene of the incident. Despite the public outrage over the senseless death of Jayson Tirado and Officer Sawyer's failure to inform the police of the shooting, prosecu- tors at the Manhattan DA's office failed to charge Officer Sawyer with any wrong doing. The DA and the police department maintained that it is not a crime to walk away from a shooting, and Officer Sawyer reported the incident within the required 24 hours. Officer Sawyer's failure to immediately notify the police of the incident was not only costly to The City, but also caused officers to spend a considerable amount of time and energy on the search of the shooter of Tirado killer. Officer Sawyer's delay in reporting the incident caused the public undue fear and apprehension. This bill would require that all police officers and peace officers report incidents involving the discharge of their weapon within six hours of the occurrence. This requirement will aid in upholding the professional dignity of our police officers, as well as save the state's resources. This bill seeks to keep the bond between police officers and the community intact.   PRIOR LEGISLATIVE HISTORY: 2019:A.927-A - Third Reading Calendar 2018:A.3574/S.9133 - Third Reading Calendar/Rules 2017:A.3574 - Referred to Codes 2016:A.6478 - Referred to Rules 2015:A.6478 - Referred to Codes 2014:A.3698 - Referred to Rules 2013:A.3698 - Referred to Codes 2012:A.2953-A - Referred to Rules 2011:A.2953 - Referred to Codes 2010:A.5734/S.2786 - Referred to Codes/Rules 2009:A.5734/S.2786 - Referred to Codes/Finance   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.   EFFECTIVE DATE: This bill would take effect after 90 days.
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A10608 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10608
 
                   IN ASSEMBLY
 
                                      June 5, 2020
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Perry, Walk-
          er, Frontus, Fernandez, Richardson, Crespo, Jaffee, Otis, Vanel, Simo-
          tas, Colton) -- read once and referred to the Committee on Codes
 
        AN  ACT  to  amend  the  executive  law,  in relation to requiring a law
          enforcement officer or peace officer who discharges his or her  weapon
          under  circumstances  where  a  person  could be struck by a bullet to
          immediately report the incident
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The executive law is amended by adding a new section 837-v
     2  to read as follows:
     3    § 837-v. Report of discharge of weapon.  1. Any law enforcement  offi-
     4  cer  or  peace officer who discharges his or her weapon while on duty or
     5  off duty under circumstances wherein a  person  could  be  struck  by  a
     6  bullet  from  the  weapon,  including  situations  wherein  such officer
     7  discharges his or her weapon in the direction of a person, shall verbal-
     8  ly report the incident to his or her superiors within six hours  of  the
     9  occurrence  of  the incident and shall prepare and file a written report
    10  of the incident within forty-eight hours of the occurrence of the  inci-
    11  dent.   Nothing contained in this section shall prevent any officer from
    12  invoking his or her constitutional right to avoid self-incrimination.
    13    2. As used in this section "law enforcement officer" means a state  or
    14  local  police officer and "peace officer" means any person designated as
    15  a peace officer pursuant to section 2.10 of the criminal procedure law.
    16    § 2. This act shall take effect on the ninetieth day  after  it  shall
    17  have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05659-05-0
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