Assembly Bill A11672

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11672
 
                           I N  A S S E M B L Y
 
                             September 2, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Cruz) --
   read once and referred  to  the  Committee  on  Consumer  Affairs  and
   Protection
 
 AN  ACT to amend the general business law and the penal law, in relation
   to banning shock gloves
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 396-eeeee to read as follows:
   §  396-EEEEE. SHOCK GLOVES; PROHIBITION AND ENFORCEMENT. 1. NO PERSON,
 FIRM,  CORPORATION,  ASSOCIATION  OR  AGENT  OR  EMPLOYEE  THEREOF SHALL
 IMPORT, MANUFACTURE, OFFER FOR SALE, HOLD FOR SALE, TRANSFER OR DISTRIB-
 UTE SHOCK GLOVES WHETHER IN PERSON OR BY MEANS OF  THE  INTERNET,  ELEC-
 TRONIC COMMERCE, TELEPHONE, MAIL OR OTHER REMOTE MEANS.  AS USED IN THIS
 SECTION  THE  TERM  "SHOCK GLOVE" MEANS ANY GLOVE, GLOVE-LIKE DEVICE, OR
 ANY DEVICE DESIGNED PRIMARILY AS A WEAPON, THE PURPOSE OF  WHICH  IS  TO
 DELIVER  AN ELECTRICAL SHOCK TO ANOTHER PERSON THROUGH PHYSICAL CONTACT,
 WHERE THE ELECTRICAL SHOCK IS CAPABLE OF STUNNING, INCAPACITATING, DISO-
 RIENTING, PARALYZING, OR CAUSING PAIN.
   2. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
 TORY TO THEM THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR  AGENT
 OR  EMPLOYEE  THEREOF  HAS  VIOLATED  ANY PROVISION OF THIS SECTION, THE
 ATTORNEY GENERAL MAY BRING AN ACTION IN THE SUPREME COURT OF  THE  STATE
 OF  NEW  YORK FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH VIOLATION
 AND FOR A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS  FOR  EACH
 VIOLATION,  EXCEPT THAT THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN FOUR THOUSAND DOLLARS FOR EACH VIOLATION IF THE VIOLATION IS  KNOW-
 ING  AND WILLFUL. IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
 JUSTICE THAT THE DEFENDANT HAS VIOLATED ANY PROVISION OF  THIS  SECTION,
 NO  PROOF SHALL BE REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR
 THAT THE DEFENDANT KNOWINGLY OR INTENTIONALLY VIOLATED  SUCH  PROVISION.
 IN  SUCH  ACTION  PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-
 THREE OF THE CIVIL PRACTICE LAW AND RULES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16295-03-6
              

 A. 11672                            2
 
   3. BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT TO BE ENJOINED,  THE
 ATTORNEY  GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH
 PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND  AN  OPPORTUNITY
 TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE WHY
 PROCEEDINGS  SHOULD  NOT BE INSTITUTED AGAINST THEM, UNLESS THE ATTORNEY
 GENERAL SHALL FIND, IN ANY CASE IN WHICH THEY SEEK  PRELIMINARY  RELIEF,
 THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
   4.  IN  CONNECTION WITH ANY SUCH PROPOSED ACTION, THE ATTORNEY GENERAL
 IS AUTHORIZED TO TAKE PROOF, ISSUE SUBPOENAS AND ADMINISTER OATHS IN THE
 MANNER PROVIDED IN THE CIVIL PRACTICE LAW AND RULES.
   5. IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO  ANY
 PERSON  OR  CIRCUMSTANCE IS HELD UNCONSTITUTIONAL, SUCH INVALIDITY SHALL
 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
 GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND  TO  THIS
 END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 15-d to read as follows:
   15-D.  "SHOCK GLOVE" MEANS ANY GLOVE, GLOVE-LIKE DEVICE, OR ANY DEVICE
 DESIGNED PRIMARILY AS A WEAPON, THE PURPOSE OF WHICH IS  TO  DELIVER  AN
 ELECTRICAL  SHOCK  TO ANOTHER PERSON THROUGH PHYSICAL CONTACT, WHERE THE
 ELECTRICAL SHOCK IS CAPABLE OF STUNNING,  INCAPACITATING,  DISORIENTING,
 PARALYZING, OR CAUSING PAIN.
   §  3.  Subdivision 1 of section 265.01 of the penal law, as amended by
 chapter 481 of the laws of 2024, is amended to read as follows:
   (1) [He or she] SUCH PERSON possesses  any  firearm,  electronic  dart
 gun,  electronic stun gun, SHOCK GLOVE, switchblade knife, pilum ballis-
 tic knife, metal knuckle knife, cane sword, billy, blackjack,  bludgeon,
 plastic  knuckles,  metal  knuckles,  chuka  stick,  sand bag, sandclub,
 wrist-brace type slingshot or slungshot, shuriken, or throwing star;
   § 4. The opening paragraph of paragraph 1 of subdivision a of  section
 265.20  of  the penal law, as separately amended by chapters 130 and 134
 of the laws of 2019, is amended to read as follows:
   Possession  of  any  of  the  weapons,  instruments,   appliances   or
 substances  specified  in  sections  265.01, EXCEPT SHOCK GLOVES FOR THE
 PURPOSES OF SUBPARAGRAPHS (A), (B), (C), (D) AND (E) OF THIS  PARAGRAPH,
 265.01-c,  265.02,  265.03, 265.04, 265.05, 265.50, 265.55 and 270.05 by
 the following:
   § 5. Notwithstanding any provision of law to the  contrary,  a  person
 who possesses a shock glove on the effective date of this act shall have
 sixty  days  from such effective date to surrender such shock glove to a
 police department or sheriff's office or otherwise lawfully  dispose  of
 such  shock  glove.  A  person shall not be guilty of a violation of the
 penal law based solely upon possession of  a  shock  glove  during  such
 sixty-day  period,  provided that such possession commenced prior to the
 effective date of this act and is solely for the purpose of surrendering
 or otherwise lawfully disposing of such shock glove.
   § 6. The  attorney  general  shall  have  primary  responsibility  for
 enforcement  of  the  provisions of this act relating to the sale, offer
 for  sale,  distribution,  advertising,  or  other  commercial  activity
 involving  shock  gloves. The attorney general may promulgate such rules
 and  regulations  as  are  necessary  to  implement  and  enforce   such
 provisions,  including  rules  concerning  the  identification, testing,
 labeling, and commercial distribution of shock gloves and  substantially
 similar glove, glove-like, or wearable devices, provided that such rules
 shall be consistent with the definitions and prohibitions established by
 law.  In  exercising  such authority, the attorney general shall consult
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 with the  department  of  state,  including  its  division  of  consumer
 protection,  the  division  of  criminal justice services, including the
 municipal police training council, and the division of state police,  as
 appropriate,  regarding  product safety, emerging technologies, conduct-
 ed-energy devices, forensic testing, and law enforcement considerations,
 and shall periodically review such definitions in consultation with  the
 department  of state, including its division of consumer protection, and
 the division of  criminal  justice  services,  including  the  municipal
 police  training  council,  to account for changes in technology and the
 development of substantially similar devices.  The attorney general  may
 coordinate  with such agencies and other appropriate federal, state, and
 local authorities as necessary to carry out the purposes of this act.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.