|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 06, 2020||referred to rules|
senate Bill S8514
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8514 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Executive Law
- Laws Affected:
- Amd §837-t, add §§837-v & 234, Exec L
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.
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.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.