senate Bill S8512

2019-2020 Legislative Session

Prohibits the use of certain chemical incapacitants by law enforcement agencies

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Sponsored By

Current Bill Status - In Senate Committee Rules 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
Jun 06, 2020 referred to rules

Co-Sponsors

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S8512 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §837-v, Exec L

S8512 (ACTIVE) - Summary

Provides that no law enforcement agency shall use a chemical incapacitant except for pepper spray; defines terms.

S8512 (ACTIVE) - Sponsor Memo

S8512 (ACTIVE) - Bill Text download pdf


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

                                  8512

                            I N  S E N A T E

                              June 6, 2020
                               ___________

Introduced  by  Sens. BIAGGI, SALAZAR -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in relation to prohibiting the use of
  certain chemical incapacitants by law enforcement agencies

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

  Section  1. The executive law is amended by adding a new section 837-v
to read as follows:
  § 837-V. PROHIBIT USE OF CHEMICAL INCAPACITANTS. 1. NO LAW ENFORCEMENT
AGENCY SHALL USE ANY CHEMICAL INCAPACITANT,  EXCEPT  FOR  PEPPER  SPRAY.
PEPPER  SPRAY  SHALL BE LIMITED TO LIQUID SPRAY CANISTERS OF A VOLUME NO
GREATER THAN 0.75 OUNCES, AND  SHALL  NOT  BE  USED  FOR  CROWD  CONTROL
PURPOSES.
  2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY WHICH  IS  EMPOWERED  BY
LAW  TO  CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST FOR A FELONY, AND
ANY AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE
PROSECUTION OF A FELONY.
  (B) "CHEMICAL INCAPACITANT" MEANS THE FOLLOWING, TOGETHER OR SEPARATE-
LY:
  (I) TOXIC CHEMICALS AND THEIR PRECURSORS, EXCEPT  WHERE  INTENDED  FOR
PURPOSES  NOT  PROHIBITED  UNDER  THIS SECTION, AS LONG AS THE TYPES AND
QUANTITIES ARE CONSISTENT WITH SUCH PURPOSES;
  (II) MUNITIONS AND DEVICES, SPECIFICALLY DESIGNED TO  CAUSE  TEMPORARY
PAIN,  TEMPORARY  IRRITATION,  TEMPORARY  DISRUPTION OF VITAL PROCESSES,
TEMPORARY  INCAPACITATION,  TEMPORARY  DISABILITY,  OR  PERMANENT   HARM
THROUGH  THE  TOXIC  PROPERTIES  OF  THOSE  TOXIC CHEMICALS SPECIFIED IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH, WHICH WOULD BE RELEASED AS A  RESULT
OF THE EMPLOYMENT OF SUCH MUNITIONS AND DEVICES;
  (III)   ANY  EQUIPMENT  SPECIFICALLY  DESIGNED  FOR  USE  DIRECTLY  IN
CONNECTION WITH THE EMPLOYMENT OF MUNITIONS  AND  DEVICES  SPECIFIED  IN
SUBPARAGRAPH (II) OF THIS PARAGRAPH.

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

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