|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to codes|
|Mar 27, 2019||referred to codes|
senate Bill S4849
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4849 (ACTIVE) - Details
S4849 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4849 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the penal law, in relation to elec- tronic dart guns and electronic stun guns PURPOSE OF BILL: The purpose of this bill is to regulate the sale, possession, and use of electronic dart guns and electronic stun guns in New York State. SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivision a of Section 265.20 of the Penal Law to add two new paragraphs 17 and 18. Paragraph 17 adds an exemption under the Penal Law to allow for the possession of an electronic dart gun or electronic stun gun for personal protection or the protection of a person's property, and for the use of such weapons under circumstances which would justify the use of physical force pursuant to Article 35 of the Penal Law.
S4849 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4849 2019-2020 Regular Sessions I N S E N A T E March 27, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to electronic dart guns and electronic stun guns THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 265.20 of the penal law is amended by adding two new paragraphs 17 and 18 to read as follows: 17. POSSESSION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH OF AN ELECTRONIC DART GUN OR AN ELECTRONIC STUN GUN, AS THOSE TERMS ARE DEFINED IN SECTION 265.00 OF THIS ARTICLE, FOR THE PROTECTION OF A PERSON OR PROPERTY ON REAL ESTATE THAT SUCH PERSON OWNS OR LEASES, OR WHERE SUCH PERSON RESIDES, OR WITHIN THE CONFINES OF A BUSINESS ESTAB- LISHMENT THAT SUCH PERSON OWNS OR LEASES, AND USE OF SUCH ELECTRONIC DART GUN OR ELECTRONIC STUN GUN UNDER CIRCUMSTANCES WHICH WOULD JUSTIFY THE USE OF PHYSICAL FORCE PURSUANT TO ARTICLE THIRTY-FIVE OF THIS CHAP- TER. (A) THE EXEMPTION PROVIDED FOR UNDER THIS PARAGRAPH SHALL NOT APPLY TO A PERSON WHO: (I) IS LESS THAN EIGHTEEN YEARS OF AGE; (II) HAS BEEN PREVIOUSLY CONVICTED IN THIS STATE OF A FELONY OR ANY ASSAULT; OR (III) HAS BEEN CONVICTED OF A CRIME OUTSIDE THE STATE OF NEW YORK WHICH IF COMMITTED IN NEW YORK WOULD CONSTITUTE A FELONY OR ANY ASSAULT CRIME. (B) THE DEPARTMENT OF HEALTH, WITH THE COOPERATION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE SUPERINTENDENT OF STATE POLICE, SHALL DEVELOP STANDARDS AND PROMULGATE REGULATIONS REGARDING THE TYPE OF ELEC- TRONIC DART GUN OR ELECTRONIC STUN GUN WHICH MAY LAWFULLY BE PURCHASED, POSSESSED AND USED PURSUANT TO THIS PARAGRAPH. SUCH REGULATIONS SHALL INCLUDE A MAXIMUM ALLOWABLE DELIVERED CHARGE FOR SUCH DEVICES, AND A REQUIREMENT THAT EVERY ELECTRONIC DART GUN OR ELECTRONIC STUN GUN WHICH MAY BE LAWFULLY PURCHASED, POSSESSED OR USED PURSUANT TO THIS PARAGRAPH HAVE A LABEL WHICH STATES: "WARNING: THE USE OF THIS DEVICE FOR ANY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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