Provides for the use of electronic dart guns or electronic stun guns on school grounds by school safety agents; authorizes the appointment of school safety agents by school principals or superintendents; defines terms.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1831A
SPONSOR: Crouch TITLE OF BILL:
An act to amend the penal law and the education law, in relation to the
use of electronic dart guns or electronic stun guns on school grounds
and school buses by school safety agents
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the use of electronic stun guns or electronic dart guns
(aka Tasers) on school grounds and school buses by trained school safety
agents.
SUMMARY OF SPECIFIC PROVISIONS:
Section One: Adds a new paragraph 17 to subdivision a of Penal Law
Section 265.20 to exempt from criminal liability, the possession of
electronic stun guns or electronic dart guns by authorized school safety
agents while on school grounds or school buses.
Section Two: Adds a new Section 2801-c to Education Law to allow the
board of education and trustees of every school district to authorize
the principal or the principal's or superintendent's designee or desig-
nees to possess an electronic stun gun or dart gun on the school grounds
or school buses of each school within the school district. Designates
such individuals as school safety agents. No individual shall be desig-
nated a school safety agent if he or she is prohibited by state or
federal law from possessing a firearm, rifle or shotgun. Requires the
successful completion of a training course approved by the Division of
Criminal Justice Services (DCJS) on deadly physical force and the use of
Tasers. Requires schools to adopt a written policy specifying the manner
in which such devices are to be possessed and under what circumstances
they may be used. Requires that every school district report school
safety agent identifying information to the Division of Criminal Justice
Services. Contains an indemnification clause.
Section Three: Effective date.
JUSTIFICATION:
The struggle continues to formulate a response to the senseless shoot-
ings that have occurred in schools throughout the United States. While
the idea of placing armed guards in every school remains a very contro-
versial issue, this bill would allow authorized, trained school employ-
ees to possess Tasers, a safer alternative to guns, in schools.
Although Tasers can be carried legally in over 40 states, their civilian
use is prohibited in New York State. Possession of an electronic dart
gun or electronic stun gun (aka Taser) is punishable by the class A
misdemeanor crime of Criminal Possession of Weapon in the Fourth Degree.
This bill would exempt authorized, trained individuals from criminal
liability while on school grounds or school buses.
Tasers were introduced as non-lethal weapons to be used by police to
subdue belligerent or potentially dangerous people, who would have
otherwise been subjected to more lethal weapons. Law enforcement
throughout the country have lauded its usefulness, particularly in
encounters with the emotionally disturbed.
The civilian Taser weapon uses a compressed-nitrogen cartridge to launch
two probes that travel up to 5 feet. At the end of each probe is a wire
that attaches to the skin and clothing. The Taser can work through about
two cumulative inches of clothing with probes delivering 3,000 volts of
electrical current to the body, disrupting voluntary control of muscles
causing neuromuscular incapacitation.
The Department of Homeland Security released an instructional training
video which demonstrates possible actions persons can take if confronted
with an active shooter scenario. The video reviews the choices of
running, hiding or fighting the shooter. The video then shows an indi-
vidual holding a hammer, which would require a person to be in close
contact with the shooter. A civilian Taser device would allow a person
to repel the attacker from a much safer distance of up to 15 feet away,
disarming the assailant by leaving him with no conscious ability to
control his movements. Allowing their use would provide an additional
line of defense in our schools in the continuing effort to better
protect our children.
HISTORY:
2017: A.1831, Held in Codes.
2016: A.2262, Held in Codes.
2015: A.2262, Not considered.
2014: A.5014-A, Held in Codes.
2013: R.5014, Not considered.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
