S T A T E O F N E W Y O R K
________________________________________________________________________
3115
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. KIM, BARRON, GOTTFRIED, SIMON, SEAWRIGHT -- read
once and referred to the Committee on Governmental Operations
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.
LBD02985-02-1