senate Bill S5371A

2011-2012 Legislative Session

Authorizes conductors and motormen to carry tasers or electronic stun guns during the performance of his or her duties

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jun 03, 2011 print number 5371a
amend (t) and recommit to codes
May 13, 2011 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S5371 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L; add §65-a, Rail L

S5371 - Summary

Authorizes, after a required training course, conductors and motormen to carry tasers or electronic stun guns during the performance of his or her duties.

S5371 - Sponsor Memo

S5371 - Bill Text download pdf

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

                                  5371

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

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

AN ACT to amend the penal law and  the  railroad  law,  in  relation  to
  authorizing conductors and motormen to carry tasers or electronic stun
  guns during the performance of his or her duties

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

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 17 to read as follows:
  17. (A) POSSESSION OR USE OF A TASER OR ELECTRONIC STUN GUN BY CONDUC-
TORS OR MOTORMEN, AS SUCH TERMS ARE USED  IN  THE  RAILROAD  LAW,  WHILE
PERFORMING RAILROAD DUTIES.
  (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH THE TERMS "TASER" AND "ELEC-
TRONIC STUN GUN" SHALL MEAN ANY DEVICE DESIGNED PRIMARILY AS  A  WEAPON,
THE  PURPOSE OF WHICH IS TO STUN, CAUSE MENTAL DISORIENTATION, KNOCK OUT
OR PARALYZE A PERSON BY PASSING A HIGH VOLTAGE ELECTRICAL SHOCK TO  SUCH
PERSON.
  S  2. The railroad law is amended by adding a new section 65-a to read
as follows:
  S 65-A. USE OF TASERS BY CONDUCTORS AND MOTORMEN.  1. EVERY  CONDUCTOR
OR MOTORMAN IN THE STATE OF NEW YORK MUST SUCCESSFULLY COMPLETE A TRAIN-
ING PROGRAM IN THE USE OF DEADLY PHYSICAL FORCE AND TASERS OR ELECTRONIC
STUN  GUNS,  WHICH  SHALL  BE  PRESCRIBED BY THE SUPERINTENDENT OF STATE
POLICE.
  2. NO EMPLOYER SHALL ALLOW ANY CONDUCTOR OR  MOTORMAN  IT  EMPLOYS  TO
CARRY  OR  USE  A  TASER OR ELECTRONIC STUN GUN DURING ANY PHASE OF SUCH
CONDUCTOR OR  MOTORMAN'S  OFFICIAL  DUTIES,  WHICH  CONSTITUTES  ON-DUTY
EMPLOYMENT,   UNLESS  SUCH  CONDUCTOR  OR  MOTORMAN  HAS  SATISFACTORILY
COMPLETED A COURSE OF TRAINING APPROVED BY THE SUPERINTENDENT  OF  STATE
POLICE IN THE USE OF DEADLY PHYSICAL FORCE AND TASERS OR ELECTRONIC STUN
GUNS, AND ANNUALLY RECEIVES INSTRUCTION IN DEADLY PHYSICAL FORCE AND THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11590-01-1

S5371A (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L; add §65-a, Rail L

S5371A (ACTIVE) - Summary

Authorizes, after a required training course, conductors and motormen to carry tasers or electronic stun guns during the performance of his or her duties.

S5371A (ACTIVE) - Sponsor Memo

S5371A (ACTIVE) - Bill Text download pdf

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

                                 5371--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  penal  law and the railroad law, in relation to
  authorizing voluntary programs for conductors and  motormen  to  carry
  tasers  or  electronic  stun guns during the performance of his or her
  duties

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

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 17 to read as follows:
  17. (A) POSSESSION OR USE OF A TASER OR ELECTRONIC STUN GUN BY CONDUC-
TORS  OR  MOTORMEN,  AS  SUCH  TERMS ARE USED IN THE RAILROAD LAW, WHILE
PERFORMING RAILROAD DUTIES.
  (B) FOR THE PURPOSES OF THIS PARAGRAPH THE TERMS  "TASER"  AND  "ELEC-
TRONIC  STUN  GUN" SHALL MEAN ANY DEVICE DESIGNED PRIMARILY AS A WEAPON,
THE PURPOSE OF WHICH IS TO STUN, CAUSE MENTAL DISORIENTATION, KNOCK  OUT
OR  PARALYZE A PERSON BY PASSING A HIGH VOLTAGE ELECTRICAL SHOCK TO SUCH
PERSON.
  S 2. The railroad law is amended by adding a new section 65-a to  read
as follows:
  S  65-A. USE OF TASERS BY CONDUCTORS AND MOTORMEN.  1. EVERY CONDUCTOR
OR MOTORMAN WHO PARTICIPATES IN A PROGRAM TO  BE  ELIGIBLE  TO  CARRY  A
TASER  OR STUN GUN IN THE STATE OF NEW YORK MUST SUCCESSFULLY COMPLETE A
TRAINING PROGRAM IN THE USE OF DEADLY PHYSICAL FORCE AND TASERS OR ELEC-
TRONIC STUN GUNS, WHICH SHALL BE PRESCRIBED  BY  THE  SUPERINTENDENT  OF
STATE POLICE.
  2.  NO EMPLOYER WHO HAS VOLUNTARILY INCORPORATED INTO ITS ORGANIZATION
A PROGRAM TO AUTHORIZE CONDUCTORS AND MOTORMEN TO CARRY TASERS  OR  STUN
GUNS  SHALL ALLOW ANY CONDUCTOR OR MOTORMAN IT EMPLOYS TO CARRY OR USE A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11590-04-1

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