senate Bill S8514

2019-2020 Legislative Session

Prohibits the use of tear gas by law enforcement personnel

download bill text pdf

Sponsored By

Current 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

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

Co-Sponsors

S8514 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §837-t, add §§837-v & 234, Exec L

S8514 (ACTIVE) - Summary

Prohibits the use of tear gas by law enforcement personnel.

S8514 (ACTIVE) - Sponsor Memo

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.

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