The New York State Senate

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

                                  8516

                            I N  S E N A T E

                              June 6, 2020
                               ___________

Introduced  by  Sen.  RAMOS  -- 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 requiring the division
  of criminal justice services to establish a policy prohibiting  police
  agencies  from  using chemical weapons and kinetic energy munitions on
  civilian populations

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

  Section 1. Section 837 of the executive law is amended by adding a new
subdivision 23 to read as follows:
  23.  ESTABLISH A WRITTEN POLICY PROHIBITING POLICE AGENCIES FROM USING
CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON  CIVILIAN  POPULATIONS.
SUCH  POLICY  SHALL PROHIBIT POLICE AGENCIES FROM DEVELOPING, PRODUCING,
OR OTHERWISE  ACQUIRING  OR  STOCKPILING,  RETAINING,  OR  TRANSFERRING,
DIRECTLY  OR  INDIRECTLY,  CHEMICAL WEAPONS OR KINETIC ENERGY MUNITIONS.
SUCH POLICY SHALL ALSO REQUIRE POLICE AGENCIES TO DESTROY  ANY  CHEMICAL
WEAPONS  POSSESSED BY SUCH AGENCY OR LOCATED IN A PLACE UNDER THE JURIS-
DICTION OR CONTROL OF SUCH AGENCY. FOR THE PURPOSES OF THIS SUBDIVISION:
  (A) "CHEMICAL WEAPONS" MEANS:
  (I) TOXIC CHEMICALS AND THEIR PRECURSORS, EXCEPT  WHERE  INTENDED  FOR
PURPOSES NOT PROHIBITED PURSUANT TO THIS SUBDIVISION AND WHERE THE TYPES
AND QUANTITIES OF SUCH CHEMICALS ARE CONSISTENT WITH SUCH PURPOSES;
  (II)  MUNITIONS  AND  DEVICES  SPECIFICALLY DESIGNED TO CAUSE DEATH OR
OTHER HARM THROUGH TOXIC PROPERTIES OF TOXIC CHEMICALS AS  DESCRIBED  IN
SUBPARAGRAPH  (I)  OF THIS PARAGRAPH WHICH WOULD BE RELEASED AS A RESULT
OF THE EMPLOYMENT OF SUCH MUNITIONS AND DEVICES; OR
  (III)  ANY  EQUIPMENT  SPECIFICALLY  DESIGNED  FOR  USE  DIRECTLY   IN
CONNECTION  WITH THE EMPLOYMENT OF MUNITIONS AND DEVICES AS DESCRIBED IN
SUBPARAGRAPH (II) OF THIS PARAGRAPH.
  (B) "TOXIC CHEMICAL" MEANS ANY CHEMICAL  WHICH  THROUGH  ITS  CHEMICAL
ACTION  ON  LIFE  PROCESSES CAN CAUSE DEATH, TEMPORARY INCAPACITATION OR
PERMANENT HARM TO HUMANS OR ANIMALS. TOXIC CHEMICALS INCLUDE ALL  CHEMI-
CALS  DEFINED  AS TOXIC CHEMICALS PURSUANT TO THIS SUBPARAGRAPH, REGARD-
LESS OF THE ORIGIN OR METHOD OF PRODUCTION OF THE CHEMICAL  AND  REGARD-

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

                      [ ] is old law to be omitted.
                                                           LBD16607-01-0

S. 8516                             2

LESS  OF  WHETHER THE CHEMICALS ARE PRODUCED IN FACILITIES, IN MUNITIONS
OR ELSEWHERE.
  (C) "KINETIC ENERGY MUNITIONS" INCLUDES, BUT IS NOT LIMITED TO, IMPACT
ROUNDS,  INCLUDING  RUBBER  BATON  ROUNDS, PLASTIC, WAX, WOOD OR RUBBER-
COATED PROJECTILES.
  § 2. This act shall take effect immediately.