S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2022--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Governmental Operations  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to requiring reporting to
   the  federal  bureau  of  investigation's  national  use-of-force data
   collection program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 837-t of the executive law is amended by adding a
 new subdivision 3 to read as follows:
   3. A. IN ACCORDANCE WITH THE REPORTING REQUIREMENTS ESTABLISHED PURSU-
 ANT TO SUBDIVISION ONE OF THIS SECTION, THE DIVISION OF CRIMINAL JUSTICE
 SERVICES SHALL REPORT TO THE FEDERAL BUREAU OF INVESTIGATION'S  NATIONAL
 USE-OF-FORCE  DATA COLLECTION PROGRAM, IN A FORM AND MANNER AS REQUESTED
 BY SUCH BUREAU, ANY INSTANCE OR OCCURRENCE IN WHICH A POLICE OFFICER, AS
 DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
 PROCEDURE  LAW,  OR  A  PEACE OFFICER, AS DEFINED IN SECTION 2.10 OF THE
 CRIMINAL PROCEDURE LAW, EMPLOYS THE USE OF FORCE AS FOLLOWS:
   (I) BRANDISHES, USES OR DISCHARGES A FIREARM OR NON-LETHAL  PROJECTION
 WEAPON,  INCLUDING, BUT NOT LIMITED TO, THE USE OF RUBBER BULLETS, AT OR
 IN THE DIRECTION OF ANOTHER PERSON; OR
   (II) USES A CHOKEHOLD OR SIMILAR RESTRAINT THAT  APPLIES  PRESSURE  TO
 THE THROAT OR WINDPIPE OF A PERSON IN A MANNER THAT MAY HINDER BREATHING
 OR REDUCE INTAKE OF AIR; OR
   (III)  DISPLAYS,  USES OR DEPLOYS A CHEMICAL AGENT, INCLUDING, BUT NOT
 LIMITED TO, OLEORESIN CAPSICUM, PEPPER SPRAY OR TEAR GAS; OR
   (IV) BRANDISHES, USES OR DEPLOYS AN IMPACT WEAPON, INCLUDING, BUT  NOT
 LIMITED TO, A BATON OR BILLY; OR
   (V)  BRANDISHES, USES OR DEPLOYS AN ELECTRONIC CONTROL WEAPON, INCLUD-
 ING, BUT NOT LIMITED TO, AN ELECTRONIC STUN  GUN,  FLASH  BOMB  OR  LONG
 RANGE ACOUSTIC DEVICE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04744-03-3
              

 A. 2022--A                          2
 
   (VI)  ENGAGES  IN CONDUCT WHICH RESULTS IN THE DEATH OR SERIOUS BODILY
 INJURY OF ANOTHER PERSON. SERIOUS BODILY INJURY  IS  DEFINED  AS  BODILY
 INJURY  THAT  INVOLVES  A  SUBSTANTIAL  RISK  OF DEATH, UNCONSCIOUSNESS,
 PROTRACTED AND OBVIOUS DISFIGUREMENT, OR PROTRACTED LOSS  OR  IMPAIRMENT
 OF THE FUNCTION OF A BODILY MEMBER, ORGAN OR MENTAL FACULTY.
   B.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, DETAILED CIRCUM-
 STANCES OF EVERY INCIDENT,  THE  AGE,  RACE,  SEX,  SEXUAL  ORIENTATION,
 GENDER,  GENDER  IDENTITY  OR  EXPRESSION,  AND ETHNICITY OF ALL PERSONS
 ENGAGING IN THE USE OF FORCE OR SUFFERING SUCH INJURY.
   C. ANY POLICE DEPARTMENT OR SHERIFF'S OFFICE, OR THE DIVISION OF STATE
 POLICE THAT FAILS TO MAKE A REPORT REQUIRED PURSUANT TO SUBDIVISION  ONE
 OF  THIS  SECTION  SHALL BE SUBJECT TO THE WITHHOLDING OF TEN PERCENT OF
 ANY STATE FUNDING DUE TO SUCH DEPARTMENT OR OFFICE, OR THE  DIVISION  OF
 STATE POLICE UNTIL SUCH REPORT HAS BEEN SUBMITTED.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.