Senate Bill S4573

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4573
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced  by Sens. RAMOS, HOYLMAN-SIGAL, JACKSON, LIU, MYRIE, SEPULVE-
   DA, STAVISKY -- 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 requiring the division
   of criminal justice services to establish a policy prohibiting  police
   agencies  from  using chemical weapons and kinetic energy munitions on
   civilian populations
 
   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 24 to read as follows:
   24.  ESTABLISH A WRITTEN POLICY PROHIBITING POLICE AGENCIES FROM USING
 CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON  CIVILIAN  POPULATIONS.
 SUCH  POLICY  SHALL PROHIBIT POLICE AGENCIES FROM DEVELOPING, PRODUCING,
 OR OTHERWISE  ACQUIRING  OR  STOCKPILING,  RETAINING,  OR  TRANSFERRING,
 DIRECTLY  OR  INDIRECTLY,  CHEMICAL WEAPONS OR KINETIC ENERGY MUNITIONS.
 SUCH POLICY SHALL ALSO REQUIRE POLICE AGENCIES TO DESTROY  ANY  CHEMICAL
 WEAPONS  POSSESSED BY SUCH AGENCY OR LOCATED IN A PLACE UNDER THE JURIS-
 DICTION OR CONTROL OF SUCH AGENCY. FOR THE PURPOSES OF THIS SUBDIVISION:
   (A) "CHEMICAL WEAPONS" MEANS:
   (I) TOXIC CHEMICALS AND THEIR PRECURSORS, EXCEPT  WHERE  INTENDED  FOR
 PURPOSES NOT PROHIBITED PURSUANT TO THIS SUBDIVISION AND WHERE THE TYPES
 AND QUANTITIES OF SUCH CHEMICALS ARE CONSISTENT WITH SUCH PURPOSES;
   (II)  MUNITIONS  AND  DEVICES  SPECIFICALLY DESIGNED TO CAUSE DEATH OR
 OTHER HARM THROUGH TOXIC PROPERTIES OF TOXIC CHEMICALS AS  DESCRIBED  IN
 SUBPARAGRAPH  (I)  OF THIS PARAGRAPH WHICH WOULD BE RELEASED AS A RESULT
 OF THE EMPLOYMENT OF SUCH MUNITIONS AND DEVICES; OR
   (III)  ANY  EQUIPMENT  SPECIFICALLY  DESIGNED  FOR  USE  DIRECTLY   IN
 CONNECTION  WITH THE EMPLOYMENT OF MUNITIONS AND DEVICES AS DESCRIBED IN
 SUBPARAGRAPH (II) OF THIS PARAGRAPH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06030-01-3
 S. 4573                             2
              

 
   (B) "TOXIC CHEMICAL" MEANS ANY CHEMICAL  WHICH  THROUGH  ITS  CHEMICAL
 ACTION  ON  LIFE  PROCESSES CAN CAUSE DEATH, TEMPORARY INCAPACITATION OR
 PERMANENT HARM TO HUMANS OR ANIMALS. TOXIC CHEMICALS INCLUDE ALL  CHEMI-
 CALS  DEFINED  AS TOXIC CHEMICALS PURSUANT TO THIS SUBPARAGRAPH, REGARD-
 LESS  OF  THE ORIGIN OR METHOD OF PRODUCTION OF THE CHEMICAL AND REGARD-
 LESS OF WHETHER THE CHEMICALS ARE PRODUCED IN FACILITIES,  IN  MUNITIONS
 OR ELSEWHERE.
   (C) "KINETIC ENERGY MUNITIONS" INCLUDES, BUT IS NOT LIMITED TO, IMPACT
 ROUNDS,  INCLUDING  RUBBER  BATON  ROUNDS, PLASTIC, WAX, WOOD OR RUBBER-
 COATED PROJECTILES.
   § 2. This act shall take effect immediately.