Assembly Actions -
Senate Actions - UPPERCASE
|Jun 06, 2020||
referred to rules
Senate Bill S8512
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S8512 (ACTIVE) - Details
2019-S8512 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8512 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the executive law, in relation to prohibiting the use of certain chemical incapacitants by law enforcement agencies PURPOSE OR GENERAL IDEA OF BILL: To prohibit the use of tear gas by law enforcement. SUMMARY: OF SPECIFIC PROVISIONS: Section 1 amends the Executive Law by adding a new section 837-v which prohibits the use of chemical incapacitants by law enforcement agencies. Section 2 provides definitions for the section. Section 3 sets forth the effective date.
2019-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.
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.