S T A T E O F N E W Y O R K
________________________________________________________________________
10463
I N A S S E M B L Y
April 24, 2018
___________
Introduced by M. of A. D'URSO, 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
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.