STATE OF NEW YORK ________________________________________________________________________ 9133 IN SENATE July 13, 2018 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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-t 2 to read as follows: 3 § 837-t. 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 immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06325-02-7