Senate Bill S8594

2019-2020 Legislative Session

Relates to creating a written policy on the use of sustained auditory dispersal tools

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-S8594 (ACTIVE) - Details

See Assembly Version of this Bill:
A10680
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §837, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2760, A2374
2023-2024: S4571, A2234

2019-S8594 (ACTIVE) - Summary

Creates a written policy prohibiting the use of sustained auditory dispersal tools by police agencies.

2019-S8594 (ACTIVE) - Sponsor Memo

2019-S8594 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8594
 
                             I N  S E N A T E
 
                               June 17, 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  creating  a  written
   policy on the use of sustained auditory dispersal tools
 
   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. (A) ESTABLISH A WRITTEN POLICY PROHIBITING  POLICE  AGENCIES  FROM
 USING SUSTAINED AUDITORY DISPERSAL TOOLS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "SUSTAINED AUDITORY
 DISPERSAL TOOL" SHALL MEAN ANY LONG RANGE ACOUSTIC DEVICE, SONIC WEAPON,
 SONIC  CANNON,  OR ANY HIGH POWERED SOUND MAGNIFIER, USING PIEZOELECTRIC
 TRANSDUCER OR OTHER TECHNOLOGY, TO EMIT SUSTAINED TONES, BEEPS,  CHIRPS,
 OR  ANY  DETERRENT  TONE  OR  OTHER NON-VERBAL COMMUNICATION AT DECIBELS
 SHOWN TO CAUSE HEARING LOSS OR OTHER DANGEROUS EFFECTS FOR  A  SUSTAINED
 PERIOD.  ANY  SUCH TONE OR NON-VERBAL COMMUNICATION OVER NINETY DECIBELS
 SHALL BE CONSIDERED  PRESUMPTIVELY  UNREASONABLE.  THE  TERM  "SUSTAINED
 AUDITORY DISPERSAL TOOL" SHALL NOT INCLUDE ANY DEVICE DESIGNED TO MAGNI-
 FY  INFORMATION OR ORDERS VIA VERBAL COMMUNICATION AT NINETY DECIBELS OR
 BELOW, AND PROPERLY ADMINISTERED ACCORDING TO HEALTH AND  SAFETY  STAND-
 ARDS, BY PROPERLY TRAINED PERSONNEL, PROVIDED, HOWEVER, THAT SUCH USE OF
 ANY SUCH DEVICE AS A DETERRENT AND NOT AS A MODE OF VERBAL COMMUNICATION
 SHALL CAUSE SUCH DEVICE TO BE A "SUSTAINED AUDITORY DISPERSAL TOOL".
   (C)  (I) ANY INDIVIDUAL WHO HAS BEEN SUBJECTED TO A SUSTAINED AUDITORY
 DISPERSAL TOOL BY A LAW ENFORCEMENT OFFICER IN VIOLATION OF THIS SECTION
 OR THE WRITTEN POLICY OF  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
 PROMULGATED  UNDER THIS SECTION MAY INSTITUTE A CIVIL ACTION AGAINST THE
 EMPLOYING AGENCY OF SUCH LAW ENFORCEMENT OFFICER FOR ANY OF THE  FOLLOW-
 ING:
   (A) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
 GREATER;
   (B) PUNITIVE DAMAGES;
   (C) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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