Bill Text: NY A05857 | 2013-2014 | General Assembly | Introduced

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

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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) 2014-04-24 - advanced to third reading cal.563 [A05857 Detail]

Download: New_York-2013-A05857-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5857
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 7, 2013
                                      ___________
       Introduced  by M. of A. AUBRY -- 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-s
    2  to read as follows:
    3    S  837-S. 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.
                                                                  LBD09466-01-3
       A. 5857                             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  COOPERATION  WITH  LAW  ENFORCEMENT  AGENCIES AS WELL AS OTHER
   11  PUBLIC AND PRIVATE AGENCIES THE DIVISION SHALL,
   12    (A) COLLECT, ANALYZE, EVALUATE AND DISSEMINATE STATISTICAL  AND  OTHER
   13  DATA  RELATING  TO THE USE OF ELECTRONIC CONTROL WEAPONS BY POLICE OFFI-
   14  CERS AND PEACE OFFICERS THROUGHOUT THE STATE; AND
   15    (B) PRESENT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE  SENATE,
   16  MINORITY  LEADER  OF  THE  SENATE, SPEAKER OF THE ASSEMBLY, THE MINORITY
   17  LEADER OF THE ASSEMBLY AN ANNUAL PUBLIC REPORT CONTAINING THE STATISTICS
   18  AND OTHER INFORMATION REQUIRED BY THIS SUBDIVISION; AND
   19    (C) PROMULGATE RULES AND REGULATIONS THAT SHALL BE ADOPTED BY ALL  LAW
   20  ENFORCEMENT  AGENCIES TO ASSURE THAT THE USE OF ELECTRONIC CONTROL WEAP-
   21  ONS BY POLICE AND PEACE OFFICERS IN THIS STATE IS APPROPRIATE, SAFE  AND
   22  IN ACCORDANCE WITH DEPARTMENT OF JUSTICE GUIDELINES, AND PROHIBITING USE
   23  OF  SUCH  WEAPONS  IN  CIRCUMSTANCES WHERE THEIR USE IS NOT NECESSARY OR
   24  APPROPRIATE.
   25    S 2. Subdivision 4 of section 840 of the executive law is  amended  by
   26  adding a new paragraph (c) to read as follows:
   27    (C)  IN CONSULTATION WITH THE COMMISSIONER, DEVELOP AND MAINTAIN WRIT-
   28  TEN POLICIES, PROCEDURES  AND  MANDATORY  TRAINING  GUIDELINES  FOR  THE
   29  AUTHORIZED USE OF ELECTRONIC CONTROL WEAPONS AS DEFINED IN SECTION EIGHT
   30  HUNDRED  THIRTY-SEVEN-S  OF  THIS  ARTICLE BY NEW AND VETERAN POLICE AND
   31  PEACE OFFICERS IN ALL LAW ENFORCEMENT AGENCIES UTILIZING SUCH WEAPONS IN
   32  THIS STATE. THE COUNCIL SHALL RECOMMEND TO THE GOVERNOR RULES AND  REGU-
   33  LATIONS WITH RESPECT TO THE ESTABLISHMENT AND IMPLEMENTATION OF AN ONGO-
   34  ING CERTIFICATION PROGRAM FOR ALL NEW AND VETERAN POLICE AND PEACE OFFI-
   35  CERS  REGARDING THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO THIS
   36  SUBDIVISION.
   37    S 3. This act shall take effect on the one hundred eightieth day after
   38  it shall have become a law.