Senate Bill S223

                                 
BILL NUMBER: S223

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the penal law, in relation to exemptions for self-de-
fense spray devices

 
PURPOSE:

To allow individuals between the ages of sixteen and eighteen who have
been granted an order of protection or have been a victim of a crime to
possess self-defense spray devices, such as pepper spray

 
SUMMARY OF PROVISIONS:

Section 1: Amends subparagraph (b) of paragraph 14 of subdivision a of
section 265.20 of the penal law to allow individuals above the age of 16
who have been granted an order or protection or have been a victim of a
crime to possess self-defense spray devices.

Section 2: Provides for an immediate effective date.
              

 
JUSTIFICATION:

According to Child USA, one in five girls and one in thirteen boys are
sexually abused before they turn 18 years old. The impact of crimes such
as sexual assault, domestic violence and dating violence are life alter-
ing for survivors. We must do more to prevent child sexual abuse and to
help survivors. This includes providing survivors and those at high risk
of abuse with greater means to protect themselves.

Current New York State law prohibits individuals under the age of eigh-
teen from possessing self-defense spray devices, such as pepper spray.
However, for those who have been a victim of a crime or who have been
granted an order of protection, this can mean fear of further victimiza-
tion and/or an increased threat to their safety.  Access to self-defense
spray devices could greatly benefit these individuals by providing them
with an effective tool to protect themselves. Accordingly, this bill
would add exceptions to current law to allow minors above the age of
sixteen who have been granted an order of protection or who have been a
victim of a crime to possess self-defense sprays.

This legislation is inspired by a young woman who was sexually assaulted
and has shared her story in hopes of making a change in New York State
law to help other survivors. After she was assaulted, this young woman
sought to purchase pepper spray to protect herself from further abuse.
However, because she was under the age of eighteen, she was prohibited
from possessing self-defense spray devices.

Even though she had been a victim of a crime and lived in close proximi-
ty to her attacker, she was denied access to this potentially life-sav-
ing tool. As a result, throughout the course of the investigation and
thereafter, she was forced to live in fear of future assaults when
coming and going from her own home.

This is unacceptable. All New Yorkers, regardless of their age, deserve
to feel safe, especially in and around their homes. This legislation
would provide peace of mind to crime victims and individuals who have
been granted an order of protection by allowing them to carry pepper
spray or other self-defense spray devices to defend themselves.

 
LEGISLATIVE HISTORY:

2024: S9922 referred to Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.