senate Bill S7713

Relates to auxiliary police and their ability to carry a collapsible police baton

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Jun / 2014
    • REFERRED TO CODES

Summary

Relates to auxiliary police and their ability to carry a collapsible police baton.

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Bill Details

See Assembly Version of this Bill:
A7810
Versions:
S7713
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.20, Pen L

Sponsor Memo

BILL NUMBER:S7713

TITLE OF BILL: An act to amend the penal law, in relation to
auxiliary police and their ability to carry a collapsible police baton

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to allow
auxiliary police to carry collapsible police batons.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision (b) of section 265.20 of the penal law.

Section 2 contains the effective date.

JUSTIFICATION: In 2011, the New York Police Department suspended the
Auxiliary Bike. Patrol Program, due to safety concerns. These
concerns centered on the inability of Auxiliary police to carry a
collapsible baton. The normal police baton, which Auxiliary police can
carry, was too long and often times got stuck in the bicycle wheels
while the volunteer policemen pedaled. This bill would allow Auxiliary
policeman to carry collapsible police batons, which would make bicycle
patrols a viable option again. The collapsible baton could be carried
safely by the Auxiliary police, while still providing the protection
necessary for such a patrol.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  7713

                            I N  S E N A T E

                              June 2, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to auxiliary police and their
  ability to carry a collapsible police baton

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

  Section  1.  Subdivision  b  of  section  265.20  of the penal law, as
amended by chapter 75 of the laws of 1983, and as relettered by  chapter
376 of the laws of 1995, is amended to read as follows:
  b.  Section 265.01 shall not apply to possession of that type of billy
commonly known as a "police baton" OR A COLLAPSIBLE "POLICE BATON" which
is twenty-four to twenty-six inches in length and no more than  one  and
one-quarter  inches in thickness by members of an auxiliary police force
[of a city with a population in excess of one  million  persons  or  the
county of Suffolk] when duly authorized by regulation or order issued by
the  police  commissioner of such city or such county respectively. Such
regulations shall require training  in  the  use  of  the  police  baton
including but not limited to the defensive use of the baton and instruc-
tion in the legal use of deadly physical force pursuant to article thir-
ty-five  of this chapter. Notwithstanding the provisions of this section
or any other provision of law, possession of such  baton  shall  not  be
authorized  when  used  intentionally to strike another person except in
those situations when the use of deadly physical force is authorized  by
such article thirty-five.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11356-01-3

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