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.