Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2025 |
referred to codes |
Senate Bill S308
2025-2026 Legislative Session
Sponsored By
(R, C) 5th Senate District
Current Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S308 (ACTIVE) - Details
2025-S308 (ACTIVE) - Sponsor Memo
BILL NUMBER: S308 SPONSOR: RHOADS TITLE OF BILL: An act to amend the penal law, in relation to allowing members of the Nassau County auxiliary police force to possess a police baton when authorized by the police commissioner of such county SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivision b of section 265.20 of the penal law, by adding "or the county of Nassau". Section 2 of the bill provides the effective date. JUSTIFICATION: Presently, Nassau County does not have the authority to equip and allow its auxiliary police officers to possess police batons. Its auxiliary police officers may only possess police batons during training "drills" or when acting as "peace officers" during a declared emergency pursuant
2025-S308 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 308 2025-2026 Regular Sessions I N S E N A T E (PREFILED) January 8, 2025 ___________ Introduced by Sen. RHOADS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to allowing members of the Nassau County auxiliary police force to possess a police baton when authorized by the police commissioner of such county THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision b of section 265.20 of the penal law, as amended by chapter 75 of the laws of 1983 and as relettered by chapter 376 of the laws of 1995, is amended to read as follows: b. Section 265.01 OF THIS ARTICLE shall not apply to possession of that type of billy commonly known as a "police baton" which is twenty- four to twenty-six inches in length and no more than one and one-quarter inches in thickness by members of an auxiliary police force of a city with a population in excess of one million persons [or], the county of Suffolk OR THE COUNTY OF NASSAU when duly authorized by regulation or order issued by the police commissioner of such city or such county respectively. Such regulations shall require training in the use of the police baton including but not limited to the defensive use of the baton and instruction in the legal use of deadly physical force pursuant to article thirty-five of this chapter. Notwithstanding the provisions of this section or any other provision of law, possession of such baton shall not be authorized when used intentionally to strike another person except in those situations when the use of deadly physical force is authorized by such article thirty-five. § 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01237-01-5
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This bill has been submitted session after session since 2017. The Nassau County Police commissioner as well as the Nassau County Legislature support this bill. Our counter parts to the east and west of Nassau have been afforded the right to carry this simple self defense tool for decades. In fact, Suffolk allows for their auxiliaries to carry firearms if the members choose to do so after all required prerequisites and training have been completed. Members of the Nassau County Auxiliary Police are state certified and registered peace officers in accordance with the rules set forth by the DCJS. Training is conducted by the NCPD’s full time, certified and highly skilled staff. Please see this bill through the process and get it to the governors desk. Thank you.