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