Relates to the discharge of a gun or firearm

Title of bill

An act to amend the penal law, in relation to the discharge of a gun or firearm

Purpose

Requires a person affecting the discharge of a firearm which causes injury to report the injury to law enforcement officials at once.

Summary of provisions

Amends section 265.25 of the New York State Penal Law.

Justification

After consultation with District Attorney's, it has become apparent that the New York State Penal Law should be strengthened with regard to the reporting of injury sustained from the discharge of a gun or firearm.

Injury from the discharge of a gun or firearm carries serious implications for the well-being of the injured, public safety and law enforcement. Under current New York State Penal law, a person who affects the discharge of a firearm and subsequently causes injury is not required to report the injury to the police. While physicians, hospitals and other institutions are required to report a firearm injury, an injury which goes untreated may not be reported or a delay in treatment may delay the reporting. The amendment corrects a fundamental defect in the penal law so as to prevent an unreasonably delayed reporting to the authorities. In short, this change places the reporting onus on the person affecting the firearm discharge, seeks to ensure prompt reporting to law enforcement authorities and broadens New York State law to apply to all firearm injuries.

Additionally, this change would strengthen prosecutorial tools with respect to crimes which involve injuries from firearms. A person violating this provisions would be subject to a class A misdemeanor.

Legislative history

2006: S.6923 - passed senate 2007: S.8971/A.2056 - passed senate/referred to codes 2008: S.8971/A.2056- referred to codes/referred to codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.