Senate Bill S8514

2019-2020 Legislative Session

Prohibits the use of tear gas by law enforcement personnel

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2019-S8514 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §837-t, add §§837-v & 234, Exec L

2019-S8514 (ACTIVE) - Summary

Prohibits the use of tear gas by law enforcement personnel.

2019-S8514 (ACTIVE) - Sponsor Memo

2019-S8514 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8514
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
   tear gas by law enforcement personnel
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph c of subdivision 1 of section 837-t of the execu-
 tive  law, as added by section 1 of part RR of chapter 55 of the laws of
 2019, is amended to read as follows:
   c. displays, uses or deploys a  chemical  agent,  including,  but  not
 limited to, oleoresin capsicum[,] OR pepper spray [or tear gas]; or
   §  2.  The  executive  law is amended by adding a new section 837-v to
 read as follows:
   § 837-V. USE OF TEAR GAS PROHIBITED.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION,  "TEAR  GAS" SHALL MEAN ANY LIQUID, GASEOUS, OR SOLID SUBSTANCE
 INTENDED TO PRODUCE TEMPORARY PHYSICAL DISCOMFORT OR PERMANENT INJURY TO
 A HUMAN BEING THROUGH BEING VAPORIZED OR OTHERWISE DISPERSED IN THE AIR,
 PROVIDED THAT "TEAR GAS" SHALL NOT INCLUDE PEPPER SPRAY.
   2. NO POLICE AGENCY, POLICE OFFICER OR PEACE OFFICER  SHALL  USE  TEAR
 GAS IN THE PERFORMANCE OF THEIR DUTIES.
   3.  IN ADDITION TO ANY OTHER SANCTIONS, PENALTIES OR REMEDIES PROVIDED
 BY LAW, A PERSON MAY BRING AN ACTION FOR EQUITABLE OR DECLARATORY RELIEF
 IN A COURT OF COMPETENT JURISDICTION AGAINST  A  POLICE  AGENCY,  POLICE
 OFFICER OR PEACE OFFICER THAT VIOLATES THIS SECTION.
   §  3. The executive law is amended by adding a new section 234 to read
 as follows:
   § 234. USE OF TEAR  GAS  PROHIBITED.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION,  "TEAR  GAS" SHALL MEAN ANY LIQUID, GASEOUS, OR SOLID SUBSTANCE
 INTENDED TO PRODUCE TEMPORARY PHYSICAL DISCOMFORT OR PERMANENT INJURY TO
 A HUMAN BEING THROUGH BEING VAPORIZED OR OTHERWISE DISPERSED IN THE AIR,
 PROVIDED THAT "TEAR GAS" SHALL NOT INCLUDE PEPPER SPRAY.
   2. NO MEMBER OF THE STATE POLICE SHALL USE TEAR GAS IN THE PERFORMANCE
 OF THEIR DUTIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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