BILL NUMBER:S3940

TITLE OF BILL:
An act
to amend the executive law and the criminal procedure law, in relation
to requiring a police 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

PURPOSE OR GENERAL IDEA OF BILL:
To require police officers or peace officer who discharges their
weapons under circumstances where a person could be struck by a
bullet to report this incident immediately.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend the executive law by adding section 231 Report
of discharge weapon (1) Any police officer who discharges his or her
weapon aimed at a person or at a target other than authorized target
practice while on or off duty under circumstances wherein a person
could be struck by a bullet from such a weapon shall verbally report
the incident to his or her supervisor within six hours of the
occurrence and shall prepare or file a written report of the incident
with twenty four hours of the incident.

This bill amends the criminal procedure law by adding section 2.35
Report of discharge of weapon requiring any police officer who
              

discharges his or her weapon aimed at a person or at a target other
than authorized target practice while on or off duty under
circumstances wherein a person could be struck by a bullet from such
a weapon shall verbally report the incident to his or her supervisor
within six hours of the occurrence and shall prepare or file a
written report of the incident with twenty four hours of the incident.

JUSTIFICATION:
On October 21, 2007, Jayson Tirado was shot and killed while traveling
in a car with friends. Upon arrival to the scene witnesses informed
police that the incident was a "road rage" killing. Mr. Tirado was
shot by a man who discharged his 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 of the gun
man. They combed through several neighborhoods, followed up on leads
and even enlisted the help of the media to implore witnesses to come
forward to help apprehend the perpetrator. During this search the
police expanding time and funds searching diligently for what they
believe to be a lawless gunman on the loose. In addition to the time
and money being expanding by the police in this matter, the public
through the media expressed a
state of apprehension and fear at the fact that a murderous gunman was
on the loose. The media spent considerable time covering the story,
the police manhunt, its affect on the family of the victim as well as
the fear it evoked in the public.

Finally, on October 22, 2007, twenty hours after the incident, Sean
Sawyer, a police officer, turns himself into police stating that
while off duty on the day of the shooting he believes that he may
have shot someone. After investigating the matter, investigators


determined that Officer Sawyer was responsible for the shooting death
of Mr. Tirado.
When the police, media and the victim's inquired as to why he failed
to turn himself in early, Officer Sawyer responded that despite
shooting at the vehicle containing several passengers three times he
was not required to do so because he was not certain that he had
actually hit anyone. Further, Officer Sawyer claims that his shooting
of Mr. Tirado was justified in that he shot at the vehicle in defense
of this life because he believed that Mr. Tirado would have shot him
despite the fact that no weapons whatsoever were found on anyone in
the car at the time of the incident.

Despite the public outrage over the senseless death of Mr. Tirado and
officer Sawyer's failure to inform his superiors of the shooting,
prosecutors at the Manhattan DA fail to charge Officer Sawyer with
any wrong doing. The position by the DA and the police department is
that it is not a crime to walk away from a shooting as such officer
Sawyer was within his right to report the incident twenty hours after
it occurred despite media's the extensive media coverage on the
police's search for the gunman.

Irrespective of the merits of Officer Sawyer's claim of self defense,
stands the issue of his failure to report this incident immediately
to his superiors. Officer Sawyer's failure to notify the police of
the incident not only cost this city a substantial amount of funds
but also immobilized it by forcing officers to spent considerable
time energy on a manhunt for Mr. Tirado's killer. In addition, it
created unnecessary fear and apprehension within the public.

This bill would require that all police officers and peace keeping
officers report incidents involving the discharge of their weapon
within six hours of the occurrence. Requiring officers to report
these occurrences not only served to uphold the professional dignity
of our police officers but also saves the state time and money by
preventing the expenditure of resources on an unnecessary
investigating and search for a perpetrator. Aside from keeping the
community from a state of panic at the idea of a criminal on loose,
this bill also keeps intact the bond between our officers and the
community that they are sworn to protect.
It is unquestionable that incidents such as that which occurred with
officer Sawyer undermines the confidence that the public has in our
officers and their ability to keep our society safe.

PRIOR LEGISLATIVE HISTORY:
2010: S.2786

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.