A05309 Summary:

BILL NOA05309
 
SAME ASNo Same As
 
SPONSORCrespo
 
COSPNSROrtiz, D'Urso, Pichardo, Arroyo, Sayegh
 
MLTSPNSR
 
Add 837-d-1, Exec L
 
Mandates electronic stun guns for police and peace officers; requires training.
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A05309 Actions:

BILL NOA05309
 
02/08/2019referred to governmental operations
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A05309 Committee Votes:

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A05309 Floor Votes:

There are no votes for this bill in this legislative session.
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A05309 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5309
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2019
                                       ___________
 
        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.
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