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.
STATE OF NEW YORK
________________________________________________________________________
2575--B
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
___________
Introduced by Sens. BAILEY, BRESLIN, CARLUCCI, HOYLMAN, JACKSON,
KAVANAGH, LIU, RAMOS, SANDERS, SEPULVEDA -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on Codes
in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
LBD05659-04-0
