Senate Bill S2760

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2760
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sens. RAMOS, HOYLMAN, JACKSON, KRUEGER, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 AN  ACT  to  amend  the executive law, in relation to creating a written
   policy on the use of sustained auditory dispersal tools

   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)  ESTABLISH  A WRITTEN POLICY PROHIBITING POLICE AGENCIES FROM
 USING SUSTAINED AUDITORY DISPERSAL TOOLS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "SUSTAINED AUDITORY
 DISPERSAL TOOL" SHALL MEAN ANY LONG RANGE ACOUSTIC DEVICE, SONIC WEAPON,
 SONIC CANNON, OR ANY HIGH POWERED SOUND MAGNIFIER,  USING  PIEZOELECTRIC
 TRANSDUCER  OR OTHER TECHNOLOGY, TO EMIT SUSTAINED TONES, BEEPS, CHIRPS,
 OR ANY DETERRENT TONE OR  OTHER  NON-VERBAL  COMMUNICATION  AT  DECIBELS
 SHOWN  TO  CAUSE HEARING LOSS OR OTHER DANGEROUS EFFECTS FOR A SUSTAINED
 PERIOD. ANY SUCH TONE OR NON-VERBAL COMMUNICATION OVER  NINETY  DECIBELS
 SHALL  BE  CONSIDERED  PRESUMPTIVELY  UNREASONABLE.  THE TERM "SUSTAINED
 AUDITORY DISPERSAL TOOL" SHALL NOT INCLUDE ANY DEVICE DESIGNED TO MAGNI-
 FY INFORMATION OR ORDERS VIA VERBAL COMMUNICATION AT NINETY DECIBELS  OR
 BELOW,  AND  PROPERLY ADMINISTERED ACCORDING TO HEALTH AND SAFETY STAND-
 ARDS, BY PROPERLY TRAINED PERSONNEL, PROVIDED, HOWEVER, THAT SUCH USE OF
 ANY SUCH DEVICE AS A DETERRENT AND NOT AS A MODE OF VERBAL COMMUNICATION
 SHALL CAUSE SUCH DEVICE TO BE A "SUSTAINED AUDITORY DISPERSAL TOOL".
   (C) (I) ANY INDIVIDUAL WHO HAS BEEN SUBJECTED TO A SUSTAINED  AUDITORY
 DISPERSAL TOOL BY A LAW ENFORCEMENT OFFICER IN VIOLATION OF THIS SECTION
 OR  THE  WRITTEN  POLICY  OF  THE  DIVISION OF CRIMINAL JUSTICE SERVICES
 PROMULGATED UNDER THIS SECTION MAY INSTITUTE A CIVIL ACTION AGAINST  THE
 EMPLOYING  AGENCY OF SUCH LAW ENFORCEMENT OFFICER FOR ANY OF THE FOLLOW-
 ING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06611-01-1

 S. 2760                             2
 
   (A) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
 GREATER;
   (B) PUNITIVE DAMAGES;
   (C) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
   (D) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   (II)  IN  ASSESSING  THE  AMOUNT  OF PUNITIVE DAMAGES, THE COURT SHALL
 CONSIDER:
   (A) THE NUMBER OF TIMES THE  PERSON  WAS  UNLAWFULLY  SUBJECTED  TO  A
 SUSTAINED AUDITORY DISPERSAL TOOL;
   (B) THE DECIBEL LEVEL USED;
   (C) MEDICAL COMPLICATIONS RESULTING FROM THE USE OF SUSTAINED AUDITORY
 DISPERSAL TOOL; AND
   (D)  THE  PERSISTENCE  OF VIOLATIONS BY THE PARTICULAR LAW ENFORCEMENT
 AGENCY AND LAW ENFORCEMENT OFFICER.
   (III) IN ANY ACTION BROUGHT UNDER THIS SECTION, THE  COURT  MAY  AWARD
 REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
   § 2. This act shall take effect immediately.