What's happening
This bill requires all New York police and peace officers who carry firearms to also be equipped with electronic stun guns and complete related training.
Why it matters
Expanding less-lethal options for officers. By requiring police and peace officers to carry electronic stun guns in addition to firearms, the bill encourages the use of alternatives to deadly force, potentially reducing fatal encounters between law enforcement and civilians.
Standardizing training and oversight. Mandating a state-approved training course ensures that all officers are properly educated on the safe and appropriate use of stun guns, promoting consistency and accountability in how these devices are deployed.
Promoting transparency and data collection. The annual reporting requirement, including demographic data and incident descriptions, allows for public oversight and analysis of stun gun usage, which can inform future policy decisions and help identify patterns or potential issues related to use of force.
Aligning with best practices. The requirement for regulations to follow Department of Justice and Police Executive Research Forum guidelines means that New York’s policies will be based on nationally recognized standards, aiming to ensure responsible and effective use of electronic stun guns.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Stun Guns for Police
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Stun Guns for Police
In Assembly Committee · Governmental Operations · Sponsor Marcos Crespo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4306
2017-2018 Regular Sessions
IN SENATE
February 8, 2017
Introduced by Sen. HAMILTON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to mandating electronic stun guns for police and peace officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 837-d-1 to read as follows:
§ 837-d-1. Electronic stun gun for police and peace officers. 1. As used in this section, the following terms have the following meanings:
(a) "Police or peace officer" means a police officer as defined in subdivision thirty-four of section 1.20 or a peace officer as defined in section 2.10 of the criminal procedure law;
(b) "Electronic stun gun" means any device designed primarily as a weapon, the purpose of which is to stun, cause mental disorientation, knock out or paralyze a person by passing a high voltage electrical shock to such person;
(c) "Law enforcement agency" means an agency established by the state or a unit of local government which employs police officers or peace officers who are empowered to use electronic stun guns in the course of their official duties.
2. Police and peace officers in the state whose regular duties require such officer carry a pistol or revolver, shall be equipped with electronic stun guns by the law enforcement agency under which they are employed.
3. Police or peace officers equipped with electronic stun guns pursuant to subdivision two of this section shall complete a training course approved by the superintendent of state police in the use of electronic stun guns.
4. Within ninety days of the effective date of this section, the commissioner, in consultation with the municipal police training coun-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08171-01-7
S. 4306 2
cil, shall promulgate rules and regulations in accordance with department of justice and police executive research forum guidelines on sound use of force policies and practices related to electronic stun guns that shall be adopted by all law enforcement agencies. The commissioner shall also promulgate regulations prescribing standards for selection by and reimbursement to law enforcement agencies.
5. Beginning December first, two thousand eighteen, law enforcement agencies providing electronic stun guns for police or peace officers' use shall file an annual report with the division on the number of incidents requiring police or peace officers to deploy electronic stun guns within their jurisdiction, the age, race, ethnicity, and gender of the civilian involved and a brief description of the incident that led to the use of the electronic stun gun.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the commissioner of criminal justice services is authorized to immediately promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to mandating electronic stun guns for police and peace officers
Purpose
To establish a statewide standard for the use of stun guns by police and peace officers, which mirror federal justice department, established guidelines. Leaders of law enforcement agencies have developed those guidelines with the direct input across the nation.
Summary of provisions
Section 1: The executive law is amended by adding a new section, 837-dd to read as follows: Electronic stun gun for police officers.
Read the full memo (762 words)
1. As used in this section, the following terms have the following meaning:
a. "Police or peace officer" means a police officer as defined in subdivision thirty-four of section 1.20 or a peace officer as defined in section 2.10 of the criminal procedure law:
b. "Electronic stun gun" means any device designed primarily as a weapon, the purpose of which is to stun, cause mental disorientation, knockout or paralyze a person by passing a high voltage electrical shock to such person;
c. "law enforcement agency" is an agency established by the state or a unit of local government which employs police officers or peace officers who are empowered to use electronic stun guns in the course of their official duties.
2. Police and peace officers in the state whose regular duties requires such officer carry a pistol or revolver, shall be equipped with electronic stun guns by the law enforcement agency under which they are employed.
3. Police or peace officers equipped with electronic stun guns pursuant to subdivision two of this section shall complete a training course approved by the superintendent of state police in the use of electronic stun guns.
4. Within ninety days of the effective date of this section, the commissioner, in consultation with the municipal police training council, shall promulgate rules and regulations in accordance with department of justice and police executive research forum guidelines on sound use of force policies and practices related to electronic stun guns that shall be adopted by all law enforcement agencies. The commissioner shall also promulgate regulations prescribing standards for selection by and reimbursement to law enforcement agencies.
5. Beginning December first, two thousand sixteen, law enforcement agencies providing electronic stun guns for police or peace officers' use shall file an annual report with the division on the number of incidents requiring police or peace officers to deploy electronic stun guns within their jurisdiction, the age, race, ethnicity, and gender of the civilian involved and a brief description of the incident that led to the use of the electronic stun gun.
Justification
More and more police departments throughout New York have been equipping their law enforcement personnel with stun guns. These devices have proven to be useful tools that can prevent the use of deadly force. In fact, in recent high profile deaths of unarmed civilians due to the use of excessive force, stun guns could have prevented the fatalities.
There are many factors that can contribute to improved police-community relations. Reducing the use of deadly force, especially of unarmed civilians is a key factor that can be improved by the use of stun guns rather than a gun. Recently, police fatally shot an 82-year old grandmother with dementia and who was wielding a kitchen knife. This is one incident where the use of a stun gun would have prevented the firing of guns by police and a life would not have been lost. This situation has repeated itself throughout our state with varying degrees of factors but in all the stun gun would have prevented a death.
As stun guns proliferate, it becomes increasingly important for standardized rules of use to be in place. The U.S. Justice Department in collaboration with law enforcement representatives has established standard rules and regulations that can.be adopted by local police departments in the use of stun guns.
Having statewide and standardized regulations on the use of these devices is good best practices that improve police-community relations, while augmenting the professionalism of our police forces. In addition, the reporting mechanism in this legislation will help monitor the effectiveness and the level of use of these devices.
Stun guns are a proliferating tool for local law enforcement and this legislation seeks to standardize the rules and regulations that govern their use, maintenance and safekeeping.
Legislative history
New Bill A. 7962 of 2015. Died in Committee.
Fiscal implications
TBD
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.