S128-2011 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

S128-2011 Meetings

S128-2011 Votes

S128-2011 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.

S128-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          128
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01615-01-1

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