Senate Bill S10707

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10707
 
                             I N  S E N A T E
 
                            September 25, 2026
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16295-03-6
 S. 10707                            2

 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
 with  the  department  of  state,  including  its  division  of consumer
 protection, the division of criminal  justice  services,  including  the
 S. 10707                            3
 
 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.