Bill Text: NY A03605 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to standards for the use of electronic control weapons; defines such weapons as conducted energy devices, such as stun guns; requires an annual report to the governor, assembly and senate.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A03605 Detail]

Download: New_York-2017-A03605-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3605
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced by M. of A. AUBRY, GOTTFRIED -- read once and referred to the
          Committee on Codes
        AN  ACT to amend the executive law, in relation to standards for the use
          of electronic control weapons
          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-t
     2  to read as follows:
     3    § 837-t. Standards for use of electronic control weapons.  1. For  the
     4  purposes of this section
     5    (a)  "Law enforcement agency" means an agency established by the state
     6  or a unit of local government which employs police officers  as  defined
     7  in  section  1.20  of  the  criminal  procedure law or peace officers as
     8  defined in section 2.10 of the criminal procedure law who are  empowered
     9  to  use  electronic  control  weapons  in  the  course of their official
    10  duties.
    11    (b) "Electronic control weapon" means a conducted energy  device  such
    12  as  a  stun  gun  which  is  a  less-lethal weapon primarily designed to
    13  disrupt a subject's nervous system by means of deploying a high voltage,
    14  low power current of electrical energy sufficient to cause  pain  and/or
    15  uncontrolled  muscle  contractions to override an individual's voluntary
    16  motor response.
    17    2. The commissioner, in consultation with the superintendent of  state
    18  police  and municipal police training council, shall promulgate a stand-
    19  ardized incident report which shall be used by all state and  local  law
    20  enforcement  agencies  in the reporting, recording, and investigation of
    21  all instances  in  which  an  electronic  control  weapon  is  fired  or
    22  discharged in the line of duty by a police officer as defined in section
    23  1.20  of  the  criminal  procedure  law or a peace officer as defined in
    24  section 2.10 of the criminal procedure law.  Such incident report  shall
    25  identify  the  law enforcement agency employing such officer and include
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08148-01-7
        A. 3605                             2
     1  facts supporting such officer's decision to deploy such weapon,  includ-
     2  ing  the  crime such individual is alleged to have committed, a specific
     3  justification for any prolonged discharge cycle or multiple  discharges,
     4  the  age,  race and gender of the individual against whom the weapon was
     5  deployed, the location of the discharge of the weapon on  such  individ-
     6  ual's  body,  and  a  description  of any known injuries or death of the
     7  individual. Such incident reports shall be forwarded to the commissioner
     8  for review by all law enforcement agencies immediately after each  inci-
     9  dent.
    10    3. In consultation with law enforcement agencies the division shall,
    11    (a)  collect,  analyze, evaluate and disseminate statistical and other
    12  data relating to the use of electronic control weapons by  police  offi-
    13  cers and peace officers throughout the state; and
    14    (b)  present  to  the governor, the temporary president of the senate,
    15  minority leader of the senate, speaker of  the  assembly,  the  minority
    16  leader of the assembly an annual public report containing the statistics
    17  and other information required by this subdivision; and
    18    (c)  promulgate rules and regulations that shall be adopted by all law
    19  enforcement agencies to assure that the use of electronic control  weap-
    20  ons  by police and peace officers in this state is appropriate, safe and
    21  in accordance with department of justice guidelines, and prohibiting use
    22  of such weapons in circumstances where their use  is  not  necessary  or
    23  appropriate.
    24    § 2. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law.