Bill S128-2011

Requires police officers and peace officers to report any discharge of their weapon to the agency which employs them

Requires every police officer and peace officer to report every discharge of his or her weapon, regardless of whether he or she is on duty, to the law enforcement agency which employs such officer; such provisions shall not apply to target shooting or hunting; failure to report is a class A misdemeanor.

Details

Actions

  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 4, 2012: REFERRED TO CODES
  • Apr 12, 2011: DEFEATED IN CODES
  • Mar 8, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 5, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Apr 12, 2011
Ayes (5): Gianaris, Duane, Huntley, Parker, Espaillat
Ayes W/R (1): Perkins
Nays (8): Saland, DeFrancisco, Flanagan, Fuschillo, Golden, Lanza, Nozzolio, O'Mara
Excused (2): Gallivan, Squadron

Memo

BILL NUMBER:S128

TITLE OF BILL: An act to amend the penal law, in relation to requiring a police officer or peace officer to report the discharge of his or her weapon to the law enforcement agency employing such officer

PURPOSE: Requires police officers and peace officers to immediately report any discharge of their weapon to the agency which employs them.

SUMMARY OF PROVISIONS: The time, date and purpose of each discharge of a rifle, shotgun, pistol, revolver, or machine-gun by a police officer or peace officer shall be immediately reported to the law enforcement agency employing such officer, regardless of whether the police officer or peace officer was on or off duty at the time of such discharge of a weapon. Does not apply to any discharge of a weapon at an indoor or outdoor shooting range for the purpose of proficiency, target shooting, or firearms competition, or to any discharge of a weapon for the purpose of hunting pursuant to title nine of article eleven of the environmental conservation law.

JUSTIFICATION: The purpose of this bill is to hold a police officer or a peace officer accountable for their actions. In October 2007, an off-duty police officer shot and killed a man during a traffic dispute, left the scene of the incident and turned himself in 19 hours after the incident was reported on the news. Under current law it is not unlawful for a police or peace officer to fail to report the firing of his/her weapon. This bill will require the immediate reporting of the discharge of a weapon. Failure to do so will is a class A misdemeanor.

LEGISLATIVE HISTORY: 2010: S.7782

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 128 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. PERALTA, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to requiring a police officer or peace officer to report the discharge of his or her weapon to the law enforcement agency employing such officer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 265.21 to read as follows: S 265.21 DISCHARGE OF WEAPON TO BE REPORTED; POLICE OFFICERS AND PEACE OFFICERS. A. THE TIME, DATE AND PURPOSE OF EACH DISCHARGE OF A RIFLE, SHOTGUN, PISTOL, REVOLVER OR MACHINE-GUN BY A POLICE OFFICER OR PEACE OFFICER SHALL BE IMMEDIATELY REPORTED TO THE LAW ENFORCEMENT AGENCY EMPLOYING SUCH OFFICER, REGARDLESS OF WHETHER THE POLICE OFFICER OR PEACE OFFICER WAS ON OR OFF DUTY AT THE TIME OF SUCH DISCHARGE OF A WEAPON. B. THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION SHALL NOT APPLY TO ANY DISCHARGE OF A WEAPON AT AN INDOOR OR OUTDOOR SHOOTING RANGE FOR THE PURPOSE OF PROFICIENCY, TARGET SHOOTING OR FIREARMS COMPETITION, OR TO ANY DISCHARGE OF A WEAPON FOR THE PURPOSE OF HUNTING PURSUANT TO TITLE NINE OF ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW. C. THE FAILURE TO REPORT PURSUANT TO SUBDIVISION A OF THIS SECTION IS A CLASS A MISDEMEANOR. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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