S T A T E O F N E W Y O R K
________________________________________________________________________
3796
2019-2020 Regular Sessions
I N A S S E M B L Y
January 31, 2019
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Introduced by M. of A. McDONOUGH, D'URSO, RA, MONTESANO, B. MILLER,
LAWRENCE, M. L. MILLER, MORINELLO -- Multi-Sponsored by -- M. of A.
CROUCH -- 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 OF THIS ARTICLE 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 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 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 instruction in the legal use of deadly physical force pursuant to
article thirty-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 on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01722-01-9