NY State Senate Bill S8507A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 29, 2020	print number 8507a
Jun 29, 2020	amend and recommit to rules
Jun 06, 2020	referred to rules

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S8507 - Details

See Assembly Version of this Bill:: A10660
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S1069, A3115

S8507 - Summary

Prohibits a law enforcement agency from receiving or purchasing the following property from a military equipment surplus program operated by the federal government: (i) drones that are armored, weaponized, or both; (ii) aircraft that are combat configured or combat coded; (iii) grenades or similar explosives and grenade launchers; (iv) silencers… (view more) (v) militarized armored vehicles; (vi) camouflage uniforms; (vii) bayonets; (viii) riot gear; (ix) firearms or ammunition; (x) explosives or pyrotechnics; or (xi) chemical incapacitants; defines terms; makes related provisions.

S8507 - Sponsor Memo

 
BILL NUMBER: S8507

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the executive law, in relation to limitations on certain
excess property provided to local law enforcement

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit police departments from purchasing or receiving certain
military grade equipment through the federal military equipment surplus
program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 837 of the Executive Law by adding subdivision
23 to prohibit law enforcement agencies from receiving or purchasing
equipment through the military equipment surplus program.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The militarization of police does not keep our communities safe nor does
it protect police officers. According to a study of 9,000 law enforce-
ment agencies across the U.S, police militarization does not reduce
violent crime or impact the number of officers assaulted or killed on
the job. Moreover, there is evidence that police forces are more likely
to deploy militarized units in black neighborhoods.

Furthermore, the use of military grade equipment by the police can actu-
ally decrease public confidence in law enforcement.(1) A different study
found evidence that increased militarization of law enforcement was
associated with increased police violence.(2)

As protests against police brutality continue across New York and the
country in the wake of George Floyd's murder, the police response has
been highly militarized. Police officers in riot gear have used pepper
spray, tear gas, and shot rubber bullets at peaceful protestors and
journalists. In some cities, police have used armored vehicles, echoing
back to the police response to protests in Ferguson in 2014.  Military
equipment is counterproductive -- instead of helping officers deesca-
late, it encourages them to approach protests as war zones.

Between 1997 and 2014, the Department of Defense transferred $4.3
billion worth of military grade equipment to local police departments
around the country through the 1033 program. The New York Daily News
reported in 2014 that police departments and sheriff's offices across
the state had received at least $28 million in equipment from the
Defense Department.(3) The program was originally created to aid police
departments combatting terrorism and drug trafficking. In 2015, Presi-
dent Obama issued an Executive Order preventing the transfer of armed
vehicles, armed aircraft, grenade launchers, and other equipment to
police departments. However, these restrictions were rescinded by Presi-
dent Trump in 2017.

Military grade equipment has no place in our communities. This bill
would bar law enforcement agencies from receiving or purchasing the
following equipment from the Department of Defense's military equipment
surplus program: armored or weaponized drones, combat configured or
coded aircraft, grenades, grenade launchers, or similar explosives,
silencers, or militarized armored vehicles. Law enforcement agencies
would also be required to publicly disclose all requests for equipment
they make from the military surplus program.  This bill is modeled after
a law passed by Montana in 2015.(4)

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.
(1) https://www.pnas.org/content/115/37/9181
(2) https://journals.sagepub.com/doi/ful1/10.1177/2053168017712885
(3) https://www.nydailynews.com/new-york/ state-cops-loaded-28m-militar-
y-dear-article-1.1976068
(4) https://lediscan.com/MT/text/HB330/id/1198338

S8507 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8507
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 limitations on certain
   excess property provided to local law enforcement
 
   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) PROHIBIT A LAW ENFORCEMENT AGENCY FROM RECEIVING OR PURCHASING
 THE  FOLLOWING  PROPERTY FROM A MILITARY EQUIPMENT SURPLUS PROGRAM OPER-
 ATED BY THE FEDERAL GOVERNMENT:
   (I) DRONES THAT ARE ARMORED, WEAPONIZED, OR BOTH;
   (II) AIRCRAFT THAT ARE COMBAT CONFIGURED OR COMBAT CODED;
   (III) GRENADES OR SIMILAR EXPLOSIVES AND GRENADE LAUNCHERS;
   (IV) SILENCERS; OR
   (V) MILITARIZED ARMORED VEHICLES.
   (B) FOR PURPOSES OF THIS SUBDIVISION, "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.
   (C)  IF  A  LAW  ENFORCEMENT  AGENCY REQUESTS PROPERTY FROM A MILITARY
 EQUIPMENT SURPLUS PROGRAM, THE LAW ENFORCEMENT AGENCY  SHALL  PUBLISH  A
 NOTICE OF THE REQUEST ON ITS PUBLICLY ACCESSIBLE WEBSITE WITHIN FOURTEEN
 DAYS AFTER SUCH REQUEST.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16576-03-0

Co-Sponsors

S8507A (ACTIVE) - Details

See Assembly Version of this Bill:: A10660
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S1069, A3115

S8507A (ACTIVE) - Summary

S8507A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8507A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the executive law, in relation to limitations on certain
excess property provided to local law enforcement

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit police departments from purchasing or receiving certain
military grade equipment through the federal military equipment surplus
program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 837 of the Executive Law by adding subdivision
23 to prohibit law enforcement agencies from receiving or purchasing
equipment through the military equipment surplus program.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The militarization of police does not keep our communities safe nor does
it protect police officers. According to a study of 9,000 law enforce-
ment agencies across the U.S, police militarization does not reduce
violent crime or impact the number of officers assaulted or killed on
the job. Moreover, there is evidence that police forces are more likely
to deploy militarized units in black neighborhoods.  Furthermore, the
use of military grade equipment by the police can actually decrease
public confidence in law enforcement. (1) A different study found
evidence that increased militarization of law enforcement was associated
with increased police violence.(2)

As protests against police brutality continue across New York and the
country in the wake of George Floyd's murder, the police response has
been highly militarized. Police officers in riot gear have used pepper
spray, tear gas, and shot rubber bullets at peaceful protestors and
journalists. In some cities, police have used armored vehicles, echoing
back to the police response to protests in Ferguson in 2014.  Military
equipment is counterproductive -- instead of helping officers deesca-
late, it encourages them to approach protests as war zones.

Between 1997 and 2014, the Department of Defense transferred $4.3
billion worth of military grade equipment to local police departments
around the country through the 1033 program. The New York Daily News
reported in 2014 that police departments and sheriff's offices across
the state had received at least $28 million in equipment from the
Defense Department.(3) The program was originally created to aid police
departments combatting terrorism and drug trafficking. In 2015, Presi-
dent Obama issued an Executive Order preventing the transfer of certain
armed vehicles and armed aircraft, grenade launchers, bayonets, camou-
flage uniforms and other equipment to police departments. The Executive
Order also placed restrictions on other equipment including explosives
and pyrotechnics and riot equipment.  However, these restrictions were
rescinded by President Trump in 2017.


Military grade equipment has no place in our communities. This bill
would bar law enforcement agencies from receiving or purchasing the
following equipment from the Department of Defense's military equipment
surplus program: armored or weaponized drones, combat configured or
coded aircraft, grenades, grenade launchers, or similar explosives,
silencers, militarized armored vehicles, camouflage uniforms, bayonets,
riot gear, including batons, helmets, and shields, firearms or ammuni-
tion, explosives or pyrotechnics, and chemical incapacitants. Law
enforcement agencies would also be required to publicly disclose all
requests for equipment they make from the military surplus program.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.
(1) https://www.pnas.org/content/115/37/9181
(2) https://journals.sagepub.com/dol/ full/10.1177/2053168017712885
(3) https://nydailynews.com/new-york/state-
cops-loaded-28m-military-gear-article-1.1976068

S8507A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8507--A
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sens.  BIAGGI,  HOYLMAN, MONTGOMERY, MYRIE, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee on Rules -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to limitations on certain
   excess property provided to local law enforcement

   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) PROHIBIT A LAW ENFORCEMENT AGENCY FROM RECEIVING OR PURCHASING
 THE  FOLLOWING  PROPERTY FROM A MILITARY EQUIPMENT SURPLUS PROGRAM OPER-
 ATED BY THE FEDERAL GOVERNMENT:
   (I) DRONES THAT ARE ARMORED, WEAPONIZED, OR BOTH;
   (II) AIRCRAFT THAT ARE COMBAT CONFIGURED OR COMBAT CODED;
   (III) GRENADES OR SIMILAR EXPLOSIVES AND GRENADE LAUNCHERS;
   (IV) SILENCERS;
   (V) MILITARIZED ARMORED VEHICLES;
   (VI) CAMOUFLAGE UNIFORMS;
   (VII) BAYONETS;
   (VIII) RIOT GEAR INCLUDING BATONS, HELMETS, AND SHIELDS;
   (IX) FIREARMS OR AMMUNITION;
   (X) EXPLOSIVES OR PYROTECHNICS; OR
   (XI) CHEMICAL INCAPACITANTS.
   (B) FOR PURPOSES OF THIS SUBDIVISION, "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.
   (C)  IF  A  LAW  ENFORCEMENT  AGENCY REQUESTS PROPERTY FROM A MILITARY
 EQUIPMENT SURPLUS PROGRAM, THE LAW ENFORCEMENT AGENCY  SHALL  PUBLISH  A
 NOTICE OF THE REQUEST ON ITS PUBLICLY ACCESSIBLE WEBSITE WITHIN FOURTEEN
 DAYS AFTER SUCH REQUEST.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16576-04-0

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The New York State Senate

senate Bill S8507A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S8507 - Details

S8507 - Summary

S8507 - Sponsor Memo

S8507 - Bill Text download pdf

Co-Sponsors

S8507A (ACTIVE) - Details

S8507A (ACTIVE) - Summary

S8507A (ACTIVE) - Sponsor Memo

S8507A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8507A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S8507 - Details

S8507 - Summary

S8507 - Sponsor Memo

S8507 - Bill Text download pdf

Co-Sponsors

S8507A (ACTIVE) - Details

S8507A (ACTIVE) - Summary

S8507A (ACTIVE) - Sponsor Memo

S8507A (ACTIVE) - Bill Text download pdf

Comments