Requires a law enforcement officer or peace officer who discharges his or her weapon under circumstances where a person could be struck by a bullet to immediately report the incident to his or her superiors.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10608
SPONSOR: Rules (Perry) TITLE OF BILL:
An act to amend the executive law, in relation to requiring a law
enforcement officer or peace officer who discharges his or her weapon
under circumstances where a person could be struck by a bullet to imme-
diately report the incident
PURPOSE OR GENERAL IDEA OF BILL:
To require police or peace officers who discharges their weapons under
circumstances where a person could be struck,by a bullet to immediately
report the incident.
SUMMARY OF PROVISIONS:
Section one of the bill adds § 837-u to the executive law to require
that any law enforcement officer or peace officer who discharges their
weapon, while on or off duty, where a person could be struck by a bullet
from the weapon is required to verbally report the incident to his or
her supervisor within six hours and prepare and file a written report
within forty-eight hours of the incident. This section also provides
that a law enforcement officer or peace officer is not prevented from
invoking his or her constitutional right to avoid self-incrimination and
defines "law enforcement officer" and "peace officer."
Section two of the bill provides the effective date.
JUSTIFICATION:
On October 21, 2007, Jayson Tirado was shot and killed while traveling
in a car with friends. Upon arrival at the scene, witnesses informed the
police that the incident was a 'road rage' killing. Mr. Tirado was shot
by a man who discharged a weapon at a car after arguing with a young man
who cut him off on the FDR Drive. Police diligently investigated the
incident, launching a city wide man hunt for the gun man. Police combed
through several neighborhoods, followed up on leads, and even enlisted
the media to implore witnesses to come forward to help apprehend the
perpetrator. The media spent considerable time covering the story, the
police manhunt, its impact on the victim's family, and the public's
fear.
On October 22, 2007, twenty hours after the incident, Sean Sawyer, a
police officer, turned himself in to the police. According to Sawyer,
while off duty on the day of the shooting he believed that he may have
shot someone. Investigators determined that Officer Sawyer was responsi-
ble for the shooting death of Tirado. When the police, media, and the
victim's family inquired as to why Officer Sawyer failed to turn himself
in earlier, Officer Sawyer responded that, despite shooting three times
at a vehicle containing several passengers, he was not required to
report the incident because he was not certain that he had shot someone.
Officer Sawyer further claimed that the shooting of Tirado was justified
because he shot at the vehicle because he believed that Tirado would
have shot him_However, no weapons were found in the car or at the scene
of the incident.
Despite the public outrage over the senseless death of Jayson Tirado and
Officer Sawyer's failure to inform the police of the shooting, prosecu-
tors at the Manhattan DA's office failed to charge Officer Sawyer with
any wrong doing. The DA and the police department maintained that it is
not a crime to walk away from a shooting, and Officer Sawyer reported
the incident within the required 24 hours. Officer Sawyer's failure to
immediately notify the police of the incident was not only costly to The
City, but also caused officers to spend a considerable amount of time
and energy on the search of the shooter of Tirado killer. Officer
Sawyer's delay in reporting the incident caused the public undue fear
and apprehension.
This bill would require that all police officers and peace officers
report incidents involving the discharge of their weapon within six
hours of the occurrence. This requirement will aid in upholding the
professional dignity of our police officers, as well as save the state's
resources. This bill seeks to keep the bond between police officers and
the community intact.
PRIOR LEGISLATIVE HISTORY:
2019:A.927-A - Third Reading Calendar
2018:A.3574/S.9133 - Third Reading Calendar/Rules
2017:A.3574 - Referred to Codes
2016:A.6478 - Referred to Rules
2015:A.6478 - Referred to Codes
2014:A.3698 - Referred to Rules
2013:A.3698 - Referred to Codes
2012:A.2953-A - Referred to Rules
2011:A.2953 - Referred to Codes
2010:A.5734/S.2786 - Referred to Codes/Rules
2009:A.5734/S.2786 - Referred to Codes/Finance
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This bill would take effect after 90 days.
