S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3234

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

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:

  Section  1. The executive law is amended by adding a new section 837-s
to read as follows:
  S 837-S. STANDARDS FOR USE OF ELECTRONIC CONTROL WEAPONS.  1. FOR  THE
PURPOSES OF THIS SECTION
  (A)  "LAW ENFORCEMENT AGENCY" MEANS AN AGENCY ESTABLISHED BY THE STATE
OR A UNIT OF LOCAL GOVERNMENT WHICH EMPLOYS POLICE OFFICERS  AS  DEFINED
IN  SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE LAW OR PEACE OFFICERS AS
DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW WHO ARE  EMPOWERED
TO  USE  ELECTRONIC  CONTROL  WEAPONS  IN  THE  COURSE OF THEIR OFFICIAL
DUTIES.
  (B) "ELECTRONIC CONTROL WEAPON" MEANS A CONDUCTED ENERGY  DEVICE  SUCH
AS  A  STUN  GUN  WHICH  IS  A  LESS-LETHAL WEAPON PRIMARILY DESIGNED TO
DISRUPT A SUBJECT'S NERVOUS SYSTEM BY MEANS OF DEPLOYING A HIGH VOLTAGE,
LOW POWER CURRENT OF ELECTRICAL ENERGY SUFFICIENT TO CAUSE  PAIN  AND/OR
UNCONTROLLED  MUSCLE  CONTRACTIONS TO OVERRIDE AN INDIVIDUAL'S VOLUNTARY
MOTOR RESPONSE.
  2. THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF  STATE
POLICE  AND MUNICIPAL POLICE TRAINING COUNCIL, SHALL PROMULGATE A STAND-
ARDIZED INCIDENT REPORT WHICH SHALL BE USED BY ALL STATE AND  LOCAL  LAW
ENFORCEMENT  AGENCIES  IN THE REPORTING, RECORDING, AND INVESTIGATION OF
ALL INSTANCES  IN  WHICH  AN  ELECTRONIC  CONTROL  WEAPON  IS  FIRED  OR
DISCHARGED IN THE LINE OF DUTY BY A POLICE OFFICER AS DEFINED IN SECTION
1.20  OF  THE  CRIMINAL  PROCEDURE  LAW OR A PEACE OFFICER AS DEFINED IN
SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.  SUCH INCIDENT REPORT  SHALL
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.
                                                           LBD07714-01-5
              

A. 3234                             2

FACTS SUPPORTING SUCH OFFICER'S DECISION TO DEPLOY SUCH WEAPON,  INCLUD-
ING  THE  CRIME SUCH INDIVIDUAL IS ALLEGED TO HAVE COMMITTED, A SPECIFIC
JUSTIFICATION FOR ANY PROLONGED DISCHARGE CYCLE OR MULTIPLE  DISCHARGES,
THE  AGE,  RACE AND GENDER OF THE INDIVIDUAL AGAINST WHOM THE WEAPON WAS
DEPLOYED, THE LOCATION OF THE DISCHARGE OF THE WEAPON ON  SUCH  INDIVID-
UAL'S  BODY,  AND  A  DESCRIPTION  OF ANY KNOWN INJURIES OR DEATH OF THE
INDIVIDUAL. SUCH INCIDENT REPORTS SHALL BE FORWARDED TO THE COMMISSIONER
FOR REVIEW BY ALL LAW ENFORCEMENT AGENCIES IMMEDIATELY AFTER EACH  INCI-
DENT.
  3. IN CONSULTATION WITH LAW ENFORCEMENT AGENCIES THE DIVISION SHALL,
  (A)  COLLECT,  ANALYZE, EVALUATE AND DISSEMINATE STATISTICAL AND OTHER
DATA RELATING TO THE USE OF ELECTRONIC CONTROL WEAPONS BY  POLICE  OFFI-
CERS AND PEACE OFFICERS THROUGHOUT THE STATE; AND
  (B)  PRESENT  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
MINORITY LEADER OF THE SENATE, SPEAKER OF  THE  ASSEMBLY,  THE  MINORITY
LEADER OF THE ASSEMBLY AN ANNUAL PUBLIC REPORT CONTAINING THE STATISTICS
AND OTHER INFORMATION REQUIRED BY THIS SUBDIVISION; AND
  (C)  PROMULGATE RULES AND REGULATIONS THAT SHALL BE ADOPTED BY ALL LAW
ENFORCEMENT AGENCIES TO ASSURE THAT THE USE OF ELECTRONIC CONTROL  WEAP-
ONS  BY POLICE AND PEACE OFFICERS IN THIS STATE IS APPROPRIATE, SAFE AND
IN ACCORDANCE WITH DEPARTMENT OF JUSTICE GUIDELINES, AND PROHIBITING USE
OF SUCH WEAPONS IN CIRCUMSTANCES WHERE THEIR USE  IS  NOT  NECESSARY  OR
APPROPRIATE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.