NY State Senate Bill 2023-S5257

Senate Bill S5257

2023-2024 Legislative Session

Prohibits state or local police from accepting military surplus equipment from the federal government

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Feb 28, 2023	referred to codes

co-Sponsors

2023-S5257 (ACTIVE) - Details

See Assembly Version of this Bill:: A5954
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-x, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8508
2021-2022: S2099, A5419

2023-S5257 (ACTIVE) - Summary

Prohibits state or local police from accepting military surplus equipment from the federal government.

2023-S5257 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5257

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting state or
local police from accepting military surplus equipment from the federal
government

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibiting state or local police from accepting mili-
tary surplus equipment from the federal government.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section One. Any law enforcement agency within this state shall be
prohibited from accepting military surplus equipment from the federal
government. For the purposes of this section, the term 'law enforcement
agency" shall include any member, officer, chief, or other employee of
the division of state police or of any local or municipal police depart-
ment.

Section 2. Effective Date

 
JUSTIFICATION:

George Floyd was killed May 25, 2020 in Minneapolis, Minnesota during an
arrest. Mr. Floyd, an African-American, died after being arrested by
Derek Chauvin, a white Minneapolis police officer, who kept his knee on
the side of Floyd's neck for 8 minutes and 46 seconds.  Furthermore, 2
minutes and 53 seconds of that time occurred after Floyd became unre-
sponsive, according to the criminal complaint for murder against Chau-
vin. Three other police officers participated in the arrest. Three
police officers pinned the unarmed, handcuffed Floyd on the ground while
another officer stood nearby. This arrest was caught on video.

In the wake of the death of Lloyd George, the public is very concerned
with how police operate. Over the years, police departments across the
nation have participated in a federal program to distribute surplus
military equipment.

The 1033 Program authorizes the United States Department of Defense to
distribute military equipment and weapons to local police departments.
The program was created in 1990 for federal and state law enforcement
agencies during the height of the war on drugs. The program was expanded
to all law enforcement departments seven years later. Over $5.4 billion
in equipment have been sent to police since the program was established.

In a May 28, 2020 Washington Post op-ed, Philip McHarris, a PhD candi-
date in sociology and African American studies at Yale University,
wrote: "Tough-oncrime policies and militarized police departments have
paved the way for increased police contact and tragic violence.  Reduc-
ing the capacity for police to engage in routine and militaristic
violence is the only way to break recurring cycles of police killings
and the militarized response that protests of them are often met. with.
This legislation would prohibiting state or local police from accepting
military surplus equipment from the federal government.

 
PRIOR LEGISLATIVE HISTORY:

2022 REFERRED TO SENATE CODES

2022 referred to assembly governmental operations

2021 SENATE THIRD READING

2021 referred to assembly governmental operations

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5257 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5257
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to prohibiting  state  or
   local police from accepting military surplus equipment from the feder-
   al government

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-x
 to read as follows:
   §  837-X.  MILITARY SURPLUS EQUIPMENT.  NOTWITHSTANDING ANY OTHER LAW,
 RULE OR REGULATION TO THE CONTRARY, ANY LAW  ENFORCEMENT  AGENCY  WITHIN
 THIS STATE SHALL BE PROHIBITED FROM ACCEPTING MILITARY SURPLUS EQUIPMENT
 FROM  THE FEDERAL GOVERNMENT. FOR THE PURPOSES OF THIS SECTION, THE TERM
 "LAW ENFORCEMENT AGENCY" SHALL INCLUDE ANY MEMBER,  OFFICER,  CHIEF,  OR
 OTHER  EMPLOYEE  OF  THE  DIVISION  OF  STATE POLICE, OR OF ANY LOCAL OR
 MUNICIPAL POLICE DEPARTMENT.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05697-01-3

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Senate Bill S5257

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Sponsored By

James Sanders Jr.