Bill Text: NY S08512 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to allowing members of the Nassau County auxiliary police force to possess a police baton when authorized by the police commissioner of such county.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08512 Detail]

Download: New_York-2017-S08512-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8512
                    IN SENATE
                                       May 9, 2018
                                       ___________
        Introduced  by  Sen.  GOLDEN -- 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:
     1    Section  1.  Subdivision  b  of  section  265.20  of the penal law, as
     2  amended by chapter 75 of the laws of 1983 and as relettered  by  chapter
     3  376 of the laws of 1995, is amended to read as follows:
     4    b.  Section 265.01 shall not apply to possession of that type of billy
     5  commonly known as a "police baton" which is  twenty-four  to  twenty-six
     6  inches  in  length and no more than one and one-quarter inches in thick-
     7  ness by members of an auxiliary police force of a city with a population
     8  in excess of one million persons [or], the  county  of  Suffolk  or  the
     9  county  of  Nassau when duly authorized by regulation or order issued by
    10  the police commissioner of such city or such county  respectively.  Such
    11  regulations  shall  require  training  in  the  use  of the police baton
    12  including but not limited to the defensive use of the baton and instruc-
    13  tion in the legal use of deadly physical force pursuant to article thir-
    14  ty-five of this chapter. Notwithstanding the provisions of this  section
    15  or  any  other  provision  of law, possession of such baton shall not be
    16  authorized when used intentionally to strike another  person  except  in
    17  those  situations when the use of deadly physical force is authorized by
    18  such article thirty-five.
    19    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13480-01-7