Assembly Bill A9739

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2017-A9739 (ACTIVE) - Details

See Senate Version of this Bill:
S1537
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7810, S7713
2015-2016: A59, S1142
2019-2020: A854

2017-A9739 (ACTIVE) - Summary

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

2017-A9739 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9739
 
                           I N  A S S E M B L Y
 
                             February 5, 2018
                                ___________
 
 Introduced  by M. of A. D. ROSENTHAL, McDONOUGH -- Multi-Sponsored by --
   M. of A.  MONTESANO, MOSLEY -- read once and referred 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00948-01-7



              

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