Bill Text: NY A02022 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the division of criminal justice services to report to the federal bureau of investigation's national use-of-force data collection program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A02022 Detail]

Download: New_York-2023-A02022-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2022

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by M. of A. CLARK -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the executive law, in relation to requiring reporting to
          the federal  bureau  of  investigation's  national  use-of-force  data
          collection program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 837-t of the executive law is amended by  adding  a
     2  new subdivision 3 to read as follows:
     3    3.  a.  In addition to the reporting requirements established pursuant
     4  to subdivision one of this section, the chief of  every  police  depart-
     5  ment,  each county sheriff, and the superintendent of state police shall
     6  report to the federal bureau of  investigation's  national  use-of-force
     7  data  collection  program,  in  a  form  and manner as requested by such
     8  bureau, any instance or occurrence in which a police officer, as defined
     9  in subdivision thirty-four of section 1.20  of  the  criminal  procedure
    10  law,  or  a  peace  officer,  as defined in section 2.10 of the criminal
    11  procedure law, employs the use of force as follows:
    12    (i) brandishes, uses or discharges a firearm or non-lethal  projection
    13  weapon,  including, but not limited to, the use of rubber bullets, at or
    14  in the direction of another person; or
    15    (ii) uses a chokehold or similar restraint that  applies  pressure  to
    16  the throat or windpipe of a person in a manner that may hinder breathing
    17  or reduce intake of air; or
    18    (iii)  displays,  uses or deploys a chemical agent, including, but not
    19  limited to, oleoresin capsicum, pepper spray or tear gas; or
    20    (iv) brandishes, uses or deploys an impact weapon, including, but  not
    21  limited to, a baton or billy; or
    22    (v)  brandishes, uses or deploys an electronic control weapon, includ-
    23  ing, but not limited to, an electronic stun  gun,  flash  bomb  or  long
    24  range acoustic device; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04744-01-3
        A. 2022                             2

     1    (vi)  engages  in conduct which results in the death or serious bodily
     2  injury of another person. Serious bodily injury  is  defined  as  bodily
     3  injury  that  involves  a  substantial  risk  of death, unconsciousness,
     4  protracted and obvious disfigurement, or protracted loss  or  impairment
     5  of the function of a bodily member, organ or mental faculty.
     6    b.  Such report shall include, but not be limited to, detailed circum-
     7  stances of every incident,  the  age,  race,  sex,  sexual  orientation,
     8  gender,  gender  identity  or  expression,  and ethnicity of all persons
     9  engaging in the use of force or suffering such injury.
    10    c. Any police department or sheriff's office, or the division of state
    11  police that fails to make a report required pursuant to this subdivision
    12  shall be subject to the withholding of ten percent of any state  funding
    13  due  to such department or office, or the division of state police until
    14  such report has been submitted.
    15    § 2. This act shall take effect on the thirtieth day  after  it  shall
    16  have become a law.