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

BILL NUMBER:S72

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

2011-12: S.128 2010: S.7782

Fiscal implications

None.

Effective date

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