Assembly Bill A8745

2017-2018 Legislative Session

Relates to allowing Nassau County auxiliary police to have police batons

download bill text pdf

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Archive: Last Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A8745 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L

2017-A8745 (ACTIVE) - Summary

Relates to allowing members of the Nassau County auxiliary police force to possess a police baton when authorized by the police commissioner of such county.

2017-A8745 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8745
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 25, 2017
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to allowing  members  of  the
   Nassau  County  auxiliary  police force to possess a police baton when
   authorized by the police commissioner of such county

   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" which is  twenty-four  to  twenty-six
 inches  in  length and no more than one and one-quarter inches in thick-
 ness by members of an auxiliary police force of a city with a population
 in excess of one million persons [or], the  county  of  Suffolk  OR  THE
 COUNTY  OF  NASSAU 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13480-01-7

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