|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2021||referred to finance|
senate Bill S809
Current Bill Status - In Senate Committee Finance Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S809 (ACTIVE) - Details
S809 (ACTIVE) - Sponsor Memo
BILL NUMBER: S809 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the executive law, in relation to prohibiting the use of certain chemical incapacitants by law enforcement agencies PURPOSE OR GENERAL IDEA OF BILL: To prohibit the use of tear gas by law enforcement. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Executive Law by adding a new section 837-v which prohibits the use of chemical incapacitants by law enforcement agencies. Section 2 provides definitions for the section. Section 3 sets forth the effective date.
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.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.