Bill Text: NY S08514 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits the use of tear gas by law enforcement personnel.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-06-06 - REFERRED TO RULES [S08514 Detail]

Download: New_York-2019-S08514-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8514

                    IN SENATE

                                      June 6, 2020
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the executive law, in relation to prohibiting the use of
          tear gas by law enforcement personnel

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph c of subdivision 1 of section 837-t of the execu-
     2  tive  law, as added by section 1 of part RR of chapter 55 of the laws of
     3  2019, is amended to read as follows:
     4    c. displays, uses or deploys a  chemical  agent,  including,  but  not
     5  limited to, oleoresin capsicum[,] or pepper spray [or tear gas]; or
     6    §  2.  The  executive  law is amended by adding a new section 837-v to
     7  read as follows:
     8    § 837-v. Use of tear gas prohibited.  1.  For  the  purposes  of  this
     9  section,  "tear  gas" shall mean any liquid, gaseous, or solid substance
    10  intended to produce temporary physical discomfort or permanent injury to
    11  a human being through being vaporized or otherwise dispersed in the air,
    12  provided that "tear gas" shall not include pepper spray.
    13    2. No police agency, police officer or peace officer  shall  use  tear
    14  gas in the performance of their duties.
    15    3.  In addition to any other sanctions, penalties or remedies provided
    16  by law, a person may bring an action for equitable or declaratory relief
    17  in a court of competent jurisdiction against  a  police  agency,  police
    18  officer or peace officer that violates this section.
    19    §  3. The executive law is amended by adding a new section 234 to read
    20  as follows:
    21    § 234. Use of tear  gas  prohibited.  1.  For  the  purposes  of  this
    22  section,  "tear  gas" shall mean any liquid, gaseous, or solid substance
    23  intended to produce temporary physical discomfort or permanent injury to
    24  a human being through being vaporized or otherwise dispersed in the air,
    25  provided that "tear gas" shall not include pepper spray.
    26    2. No member of the state police shall use tear gas in the performance
    27  of their duties.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16598-01-0
        S. 8514                             2

     1    3. In addition to any other sanctions, penalties or remedies  provided
     2  by law, a person may bring an action for equitable or declaratory relief
     3  in  a  court  of  competent  jurisdiction  against a member of the state
     4  police that violates this section.
     5    § 4. This act shall take effect immediately.