NY State Senate Bill 2019-S8514

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2020	referred to rules

co-Sponsors

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

                                
 
BILL NUMBER: S8514

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting the use of
tear gas by law enforcement personnel

 
SUMMARY OF PROVISIONS:

This bill would prohibit law enforcement officers from using tear gas in
the performance of their duties.

 
JUSTIFICATION:

The use of tear gas in warfare is banned by the Geneva Convention, yet
its use by domestic American law enforcement is commonplace. During
recent demonstrations against police brutality, there have been numerous
examples of law enforcement officers using tear gas to dispel peaceful
protests, without any public safety justification for doing so.

The Centers for Disease Control and Prevention (CDC) notes that tear gas
especially affects the eyes, nose, mouth, lungs, and skin, and can cause
tearing, burning, swelling, a runny nose, irritation, difficulty swal-
lowing, coughing, choking, shortness of breath, burns, rash, nausea, and
vomiting. The CDC also states that long term exposure or exposure to a
large dose, especially in a closed setting, can cause blindness, glauco-
ma, and even death resulting from severe chemical burns to the throat
and lungs and/or respiratory failure.  Tear gas is an indiscriminate
weapon designed to cause pain and discomfort to all nearby individuals.
The use of tear gas on crowds is dangerous, especially as New York is
still just beginning to recover from being the epicenter of a global
pandemic.

In fact, infectious disease specialists have urged law enforcement to
stop using tear gas during the pandemic, as causing people to tear up,
cough, sneeze, and choke makes COVID-19 more likely to spread.  The
long-term damage that tear gas can cause to people's lungs can also make
them more susceptible to the effects of the virus.  Rather than use
weapons that target crowds indiscriminately, police should rely on
de-escalation tactics to calm situations and encourage non-violent
protest. This bill would ban the use of tear gas by law enforcement in
order to protect the health of the public.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

                                                            LBD16598-01-0

 S. 8514                             2
 
   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 MEMBER OF THE STATE
 POLICE THAT VIOLATES THIS SECTION.
   § 4. This act shall take effect immediately.

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Senate Bill S8514

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2019-S8514 (ACTIVE) - Details

2019-S8514 (ACTIVE) - Summary

2019-S8514 (ACTIVE) - Sponsor Memo

2019-S8514 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8514

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Robert Jackson

2019-S8514 (ACTIVE) - Details

2019-S8514 (ACTIVE) - Summary

2019-S8514 (ACTIVE) - Sponsor Memo

2019-S8514 (ACTIVE) - Bill Text download pdf

Comments