assembly Bill A10755

2019-2020 Legislative Session

Relates to prohibiting peace officers from carrying firearms

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Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 09, 2020 referred to codes

A10755 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §2.20, CP L; amd §400.00, Pen L

A10755 (ACTIVE) - Summary

Prohibits peace officers from carrying firearms for any purpose during the scope of their employment other than to dispose of such firearm.

A10755 (ACTIVE) - Bill Text download pdf


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

                                  10755

                          I N  A S S E M B L Y

                              July 9, 2020
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
  thal) -- read once and referred to the Committee on Codes

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation to prohibiting peace officers from carrying firearms

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

  Section 1. Section 2.20 of the criminal procedure law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  A  PERSON  DESIGNATED  IN  SECTION 2.10 OF THIS ARTICLE SHALL BE
PROHIBITED FROM CARRYING OR USING A FIREARM DURING THE SCOPE OF  EMPLOY-
MENT.  AN EXCEPTION SHALL BE MADE WHEN A PEACE OFFICER HAS POSSESSION OF
A FIREARM FOR THE PURPOSE OF DISPOSING SUCH  FIREARM,  BUT  IN  NO  CASE
SHALL SUCH FIREARM BE DISCHARGED AT ANY TIME.
  §  2.  Subparagraph (i) of paragraph (b) of subdivision 5 and subdivi-
sion 6 of section 400.00 of the penal law, subparagraph (i) of paragraph
(b) of subdivision 5 as added by chapter 1  of  the  laws  of  2013  and
subdivision 6 as amended by chapter 104 of the laws of 2019, are amended
to read as follows:
  (i)  the  applicant's  life  or safety may be endangered by disclosure
because:
  (A) the applicant is an active  or  retired  police  officer,  RETIRED
peace  officer,  probation officer, parole officer, or corrections offi-
cer;
  (B) the applicant is a protected person under a currently valid  order
of protection;
  (C) the applicant is or was a witness in a criminal proceeding involv-
ing a criminal charge;
  (D)  the  applicant  is  participating or previously participated as a
juror in a criminal proceeding, or is or was a member of a  grand  jury;
or
  (E) the applicant is a spouse, domestic partner or household member of
a  person  identified  in this subparagraph or subparagraph (ii) of this
paragraph, specifying which subparagraph or  subparagraphs  and  clauses
apply.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets