STATE OF NEW YORK
________________________________________________________________________
5309
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
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Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to mandating electronic
stun guns for police and peace officers
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
2 837-d-1 to read as follows:
3 § 837-d-1. Electronic stun gun for police and peace officers. 1. As
4 used in this section, the following terms have the following meanings:
5 (a) "Police or peace officer" means a police officer as defined in
6 subdivision thirty-four of section 1.20 or a peace officer as defined in
7 section 2.10 of the criminal procedure law;
8 (b) "Electronic stun gun" means any device designed primarily as a
9 weapon, the purpose of which is to stun, cause mental disorientation,
10 knock out or paralyze a person by passing a high voltage electrical
11 shock to such person;
12 (c) "Law enforcement agency" means an agency established by the state
13 or a unit of local government which employs police officers or peace
14 officers who are empowered to use electronic stun guns in the course of
15 their official duties.
16 2. Police and peace officers in the state whose regular duties require
17 such officer carry a pistol or revolver, shall be equipped with elec-
18 tronic stun guns by the law enforcement agency under which they are
19 employed.
20 3. Police or peace officers equipped with electronic stun guns pursu-
21 ant to subdivision two of this section shall complete a training course
22 approved by the superintendent of state police in the use of electronic
23 stun guns.
24 4. Within ninety days of the effective date of this section, the
25 commissioner, in consultation with the municipal police training coun-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08872-01-9
A. 5309 2
1 cil, shall promulgate rules and regulations in accordance with depart-
2 ment of justice and police executive research forum guidelines on sound
3 use of force policies and practices related to electronic stun guns that
4 shall be adopted by all law enforcement agencies. The commissioner shall
5 also promulgate regulations prescribing standards for selection by and
6 reimbursement to law enforcement agencies.
7 5. Beginning December first, two thousand twenty, law enforcement
8 agencies providing electronic stun guns for police or peace officers'
9 use shall file an annual report with the division on the number of inci-
10 dents requiring police or peace officers to deploy electronic stun guns
11 within their jurisdiction, the age, race, ethnicity, and gender of the
12 civilian involved and a brief description of the incident that led to
13 the use of the electronic stun gun.
14 § 2. This act shall take effect on the one hundred twentieth day after
15 it shall have become a law; provided that the commissioner of criminal
16 justice services is authorized to immediately promulgate any and all
17 rules and regulations and take any other measures necessary to implement
18 this act on its effective date.
