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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A648
SPONSOR: Aubry TITLE OF BILL:
An act to amend the executive law, in relation to standards for the use
of electronic control weapons
PURPOSE:
The purpose of this legislation is to establish statewide guidelines for
the use of electronic control weapons by law enforcement.
SUMMARY OF PROVISIONS:
Section 1: Amends the executive law by adding a new section 837-x.
Section 2: Sets forth the effective date.
JUSTIFICATION:
In 2009, the NYS Municipal Police Training Council (MPTC), an entity
within the Division of Criminal Justice Services, promulgated guidelines
for the use of electronic control weapons by state and local law
enforcement agencies but the guidelines are not mandatory. In an analy-
sis of the New York State Police pilot taser program, 80% of taser
applications involved unarmed suspects and 70% of the suspects were
either mentally suicidal and/or under the influence of drugs or alcohol.
A large number of the cases involved taser applications against defend-
ants who did not appear to meet the expert-recommended criteria for the
deployment of tasers, which is that such weapons should only be used to
curb aggression or eliminate the risk of physical injury. While tasers
are a vital tool for law enforcement, the state should ensure that all
police and peace officers who use tasers are properly trained in their
use and know when it is appropriate to use them.
In 2011 the Department of Justice and the Police Executive Research
Forum updated the federal guidelines for the use of electronic control
weapons, recommending that law enforcement agencies develop policy,
training programs and criteria for use, consider medical contraindica-
tions of use and provide for reporting, public education and account-
ability. The guidelines area roadmap for responsible policy development
and should be the basis of the New York rules and regulations mandated
by this bill.
LEGISLATIVE HISTORY:
2021-2022: Referred to Codes in 2021 and Referred to Codes in 2022.
2019-2020: Referred to Codes in 2019 and. Referred to Codes in 2020.
2017-2018: Referred to Codes in 2017 and Referred to Codes in 2018.
2015-2016: Referred to Codes in 2015 and Referred to Codes in 2016.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act will take effect on the one hundred eightieth day after it
shall have become law.
STATE OF NEW YORK
________________________________________________________________________
648
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
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-x
2 to read as follows:
3 § 837-x. 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.
LBD01607-01-3
A. 648 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 consultation with law enforcement agencies the division shall,
11 (a) collect, analyze, evaluate and disseminate statistical and other
12 data relating to the use of electronic control weapons by police offi-
13 cers and peace officers throughout the state; and
14 (b) present to the governor, the temporary president of the senate,
15 minority leader of the senate, speaker of the assembly, and the minority
16 leader of the assembly an annual public report containing the statistics
17 and other information required by this subdivision; and
18 (c) promulgate rules and regulations that shall be adopted by all law
19 enforcement agencies to assure that the use of electronic control weap-
20 ons by police and peace officers in this state is appropriate, safe and
21 in accordance with department of justice guidelines, and prohibiting use
22 of such weapons in circumstances where their use is not necessary or
23 appropriate.
24 § 2. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law.
