N.Y. Comp. Codes R. & Regs. tit. 9 § 6058.2

Current through Register Vol. 46, No. 41, October 9, 2024

Section 6058.2 - Definitions

As used in this Part, the following terms shall have the following meanings:

(a) Division means the Division of Criminal Justice Services.

(b) Commissioner means the Commissioner of the Division of Criminal Justice Services, or his or her designee.

(c) FBI means the Federal Bureau of Investigation.

(d) Employer means the chief of every police department, each county sheriff, and the superintendent of state police which employs police officers or peace officers.

(e) Police officer means a person designated as such in section 1.20(34) of the Criminal Procedure Law.

(f) Peace officer means a person designated as such in section 2.10 of the Criminal Procedure Law.

(g) Use of force means when a police officer or peace officer does the following:

(1) displays a chemical agent by pointing a chemical agent at a person or persons; or

(2) uses/deploys a chemical agent by operating the chemical agent against a person or persons in a manner capable of causing physical injury as defined in article 10 of the Penal Law; or

(3) brandishes a firearm by pointing a firearm at a person or persons; or

(4) uses/discharges a firearm by discharging a firearm at or in the direction of a person or persons; or

(5) brandishes an electronic control weapon by pointing an electronic control weapon at a person or persons; or

(6) uses/deploys an electronic control weapon by operating an electronic control weapon against a person or persons in a manner capable of causing physical injury as defined in article 10 of the Penal Law; or

(7) brandishes an impact weapon by pointing an impact weapon at a person or persons; or

(8) uses/deploys an impact weapon by operating an impact weapon against a person or persons in a manner capable of causing physical injury as defined in article 10 of the Penal Law; or

(9) uses a chokehold or other similar restraint, which is any application of sustained pressure to the throat or windpipe of a person in a manner that may hinder breathing or reduce intake of air; or

(10) engages in conduct which results in the death or serious bodily injury of another person.

(h) Serious bodily injury means a bodily injury that creates or causes a substantial risk of death; or unconsciousness; or serious and protracted disfigurement; or protracted loss or impairment of the function of any bodily member, organ or mental faculty.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6058.2

Adopted New York State Register March 31, 2021/Volume XLIII, Issue 13, eff. 3/31/2021