S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 391                                                   A. 1030

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

IN  SENATE  -- Introduced by Sens. BRESLIN, ADAMS, DUANE, HASSELL-THOMP-
  SON, KRUEGER, ONORATO, PARKER, SAMPSON, SCHNEIDERMAN, SMITH,  STAVISKY
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Finance

IN ASSEMBLY -- Introduced by M. of A. McENENY, EDDINGTON, ORTIZ, KOON --
  Multi-Sponsored  by  -- M. of A.  ALFANO, AUBRY, CLARK, COLTON, DINOW-
  ITZ, HOYT, JOHN, MAYERSOHN, PEOPLES, ROBINSON, TITUS,  TOWNS,  WEISEN-
  BERG, WRIGHT -- read once and referred to the Committee on Codes

AN  ACT  to establish a task force to assess the public health impact of
  firearm violence and injury and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent. The legislature finds  and
declares   that  firearm  injuries  and  deaths  have  reached  epidemic
proportions, with firearm injuries ranked among the top  ten  causes  of
death among all Americans, and as the leading cause of death among young
African-American  males. The legislature further finds and declares that
this  epidemic  necessitates  public  policies  which  address   firearm
violence  and  injury  as  a  public  health issue and that one critical
component of such policies is an integrated and comprehensive  statewide
effort  to  accurately  document  the  origins,  incidence and nature of
firearm violence and injury in New York state.
  The legislature also finds that dispersed and widely varied  data  and
information  related  to  incidents  of  firearm  violence are presently
collected by state and local law enforcement agencies; and that informa-
tion and data related to the nature,  severity  and  causes  of  firearm
injuries are also regularly compiled by health care providers engaged in
the  treatment of such injuries. The legislature finds and declares that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01217-01-9

S. 391                              2                            A. 1030

a coordinated and fully integrated statewide network of data and  infor-
mation  is  required to fully assess the public health impact of firearm
violence and injury in New York  state  and  to  formulate  policies  to
combat such violence and injury in the protection of public health.
  The  legislature hereby establishes a task force to devise a statewide
network of data and information related to firearm  violence  and  inju-
ries. The task force will coordinate the integration of data compiled by
law  enforcement  agencies and health care providers, related to firearm
violence and injury. This task force will be  comprised  of  appropriate
state agency personnel, law enforcement authorities, health care provid-
ers,  and experts in the fields of epidemiology and ballistics. The task
force will assess the nature and current methods by which  data  related
to firearm violence and injury are compiled and reported by law enforce-
ment  agencies and health care providers. The task force shall recommend
any changes in the nature or manner in which such data is  compiled  and
reported,  to facilitate an on-going, statewide assessment of the public
health impact of firearm violence and injury in New York state.
  S 2. An eight member  task  force  is  hereby  established  to  assess
current  data  and information compiled by law enforcement personnel and
health providers related to incidents of firearm  violence  and  injury,
and  to  recommend  mechanisms  by  which  an integrated, statewide data
collection and tracking system may be established to assess  the  public
health impact of such violence and injury.
  S  3.  The  task  force shall be comprised of the commissioners of the
department of health and the division of criminal justice services,  who
may designate representatives to act on their behalf.
  The  commissioner of the department of health or the designee thereof,
shall chair the task force. The governor shall appoint  two  members  to
the task force: one member shall be an epidemiologist experienced in the
study  of  firearm injuries and one member shall be an expert in firearm
ballistics. The temporary president of the senate and the speaker of the
assembly shall each appoint one member to the task force who shall be  a
member  of a state or local law enforcement agency. The minority leaders
of the senate and assembly shall each appoint one  member  to  the  task
force,  who  shall  be  a  health care provider regularly engaged in the
treatment of firearm injuries. Administrative duties of the  task  force
shall be the responsibility of the department of health.
  S  4.  The  task  force shall provide a report to the governor and the
legislature on or before January 15, 2011. Such report shall include:
  (a) an identification of the data and informational  needs  associated
with  an assessment of firearm violence and injury as an issue of public
health in New York state;
  (b) an identification of any differences among  state  and  local  law
enforcement  agencies in the collection and reporting of information and
data related to firearm violence and injury,  the  basis  for  any  such
differences, and how such differences may be addressed;
  (c)  an  identification of any differences among health care providers
and in particular, emergency medical services providers, with regard  to
the collection and reporting of firearm injury data and information, the
basis for such differences, and how such differences may be addressed;
  (d)  an  assessment  of the need for improved epidemiological data and
information concerning firearm injuries, including  information  on  the
frequency  and  distribution  of such injuries and the specific types of
firearms associated with various injuries;
  (e) an identification of any opportunities for, or barriers to, a more
uniform statewide approach to the collection and reporting of  data  and

S. 391                              3                            A. 1030

information  from  both law enforcement agencies and health care provid-
ers, concerning incidents of firearm violence and injury, with full  and
proper  regard  to  the  protection  of  the  rights  of victims of such
violence and injury and the rights of criminal defendants;
  (f)  a  recommendation  of a state agency to assume responsibility for
the planning and  coordination  of  a  statewide  data  and  information
network  comprised  of firearm violence and injury data as reported from
state and local law enforcement agencies and health care providers,  and
designed  to  be  used  in formulating public health strategies to deter
firearm violence and injuries; and
  (g) an identification of public health policies and  strategies  which
may  arise  from  a  statewide  data  and information network on firearm
violence and injuries, and focused on the prevention  of  such  violence
and injuries.
  The  task  force  shall meet as frequently as its business may require
and members of the task force shall receive no  compensation  for  their
services,  but  shall  be  allowed  their  actual and necessary expenses
incurred in performance of their duties.
  S 5. This act shall take effect immediately and shall expire on Febru-
ary 1, 2011 when it shall be deemed repealed.