senate Bill S809

2021-2022 Legislative Session

Prohibits the use of certain chemical incapacitants by law enforcement agencies

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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
Jan 06, 2021 referred to finance

Co-Sponsors

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S809 (ACTIVE) - Details

See Assembly Version of this Bill:
A6216
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S8512

S809 (ACTIVE) - Summary

Provides that no law enforcement agency shall use a chemical incapacitant except for pepper spray; defines terms.

S809 (ACTIVE) - Sponsor Memo

S809 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    809
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. BIAGGI, HOYLMAN, JACKSON, MYRIE, SALAZAR, SEPULVEDA,
   STAVISKY  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to prohibiting the use of
   certain chemical incapacitants by law enforcement agencies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-w
 to read as follows:
   § 837-W. PROHIBIT USE OF CHEMICAL INCAPACITANTS. 1. NO LAW ENFORCEMENT
 AGENCY SHALL USE ANY CHEMICAL INCAPACITANT,  EXCEPT  FOR  PEPPER  SPRAY.
 PEPPER  SPRAY  SHALL BE LIMITED TO LIQUID SPRAY CANISTERS OF A VOLUME NO
 GREATER THAN 0.75 OUNCES, AND  SHALL  NOT  BE  USED  FOR  CROWD  CONTROL
 PURPOSES.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "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.
   (B) "CHEMICAL INCAPACITANT" MEANS THE FOLLOWING, TOGETHER OR SEPARATE-
 LY:
   (I) TOXIC CHEMICALS AND THEIR PRECURSORS, EXCEPT  WHERE  INTENDED  FOR
 PURPOSES  NOT  PROHIBITED  UNDER  THIS SECTION, AS LONG AS THE TYPES AND
 QUANTITIES ARE CONSISTENT WITH SUCH PURPOSES;
   (II) MUNITIONS AND DEVICES, SPECIFICALLY DESIGNED TO  CAUSE  TEMPORARY
 PAIN,  TEMPORARY  IRRITATION,  TEMPORARY  DISRUPTION OF VITAL PROCESSES,
 TEMPORARY  INCAPACITATION,  TEMPORARY  DISABILITY,  OR  PERMANENT   HARM
 THROUGH  THE  TOXIC  PROPERTIES  OF  THOSE  TOXIC CHEMICALS SPECIFIED IN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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