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A11672 Summary:

BILL NOA11672
 
SAME ASNo Same As
 
SPONSORRules (Cruz)
 
COSPNSR
 
MLTSPNSR
 
Add §396-eeeee, Gen Bus L; amd §§265.00, 265.01 & 265.20, Pen L
 
Prohibits any person firm, corporation, association or agent or employee thereof from importing, manufacturing, selling, holding for sale or distributing shock gloves; makes possession of shock gloves a misdemeanor.
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A11672 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11672
 
                   IN ASSEMBLY
 
                                    September 2, 2026
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Cruz) --
          read once and referred  to  the  Committee  on  Consumer  Affairs  and
          Protection
 
        AN  ACT to amend the general business law and the penal law, in relation
          to banning shock gloves
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  396-eeeee to read as follows:
     3    §  396-eeeee. Shock gloves; prohibition and enforcement. 1. No person,
     4  firm,  corporation,  association  or  agent  or  employee  thereof shall
     5  import, manufacture, offer for sale, hold for sale, transfer or distrib-
     6  ute shock gloves whether in person or by means of  the  internet,  elec-
     7  tronic commerce, telephone, mail or other remote means.  As used in this
     8  section  the  term  "shock glove" means any glove, glove-like device, or
     9  any device designed primarily as a weapon, the purpose of  which  is  to
    10  deliver  an electrical shock to another person through physical contact,
    11  where the electrical shock is capable of stunning, incapacitating, diso-
    12  rienting, paralyzing, or causing pain.
    13    2. Whenever the attorney general shall believe from evidence satisfac-
    14  tory to them that any person, firm, corporation or association or  agent
    15  or  employee  thereof  has  violated  any provision of this section, the
    16  attorney general may bring an action in the supreme court of  the  state
    17  of  New  York for a judgment enjoining the continuance of such violation
    18  and for a civil penalty of not more than one thousand dollars  for  each
    19  violation,  except that the court may impose a civil penalty of not more
    20  than four thousand dollars for each violation if the violation is  know-
    21  ing  and willful. If it shall appear to the satisfaction of the court or
    22  justice that the defendant has violated any provision of  this  section,
    23  no  proof shall be required that any person has been injured thereby nor
    24  that the defendant knowingly or intentionally violated  such  provision.
    25  In  such  action  preliminary relief may be granted under article sixty-
    26  three of the civil practice law and rules.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16295-03-6

        A. 11672                            2
 
     1    3. Before any violation of this section is sought to be enjoined,  the
     2  attorney  general shall be required to give the person against whom such
     3  proceeding is contemplated notice by certified mail and  an  opportunity
     4  to show in writing within five business days after receipt of notice why
     5  proceedings  should  not be instituted against them, unless the attorney
     6  general shall find, in any case in which they seek  preliminary  relief,
     7  that to give such notice and opportunity is not in the public interest.
     8    4.  In  connection with any such proposed action, the attorney general
     9  is authorized to take proof, issue subpoenas and administer oaths in the
    10  manner provided in the civil practice law and rules.
    11    5. If any provision of this section or the application thereof to  any
    12  person  or  circumstance is held unconstitutional, such invalidity shall
    13  not affect other provisions or applications of this section which can be
    14  given effect without the invalid provision or application, and  to  this
    15  end the provisions of this section are severable.
    16    § 2. Section 265.00 of the penal law is amended by adding a new subdi-
    17  vision 15-d to read as follows:
    18    15-d.  "Shock glove" means any glove, glove-like device, or any device
    19  designed primarily as a weapon, the purpose of which is  to  deliver  an
    20  electrical  shock  to another person through physical contact, where the
    21  electrical shock is capable of stunning,  incapacitating,  disorienting,
    22  paralyzing, or causing pain.
    23    §  3.  Subdivision 1 of section 265.01 of the penal law, as amended by
    24  chapter 481 of the laws of 2024, is amended to read as follows:
    25    (1) [He or she] Such person possesses  any  firearm,  electronic  dart
    26  gun,  electronic stun gun, shock glove, switchblade knife, pilum ballis-
    27  tic knife, metal knuckle knife, cane sword, billy, blackjack,  bludgeon,
    28  plastic  knuckles,  metal  knuckles,  chuka  stick,  sand bag, sandclub,
    29  wrist-brace type slingshot or slungshot, shuriken, or throwing star;
    30    § 4. The opening paragraph of paragraph 1 of subdivision a of  section
    31  265.20  of  the penal law, as separately amended by chapters 130 and 134
    32  of the laws of 2019, is amended to read as follows:
    33    Possession  of  any  of  the  weapons,  instruments,   appliances   or
    34  substances  specified  in  sections  265.01, except shock gloves for the
    35  purposes of subparagraphs (a), (b), (c), (d) and (e) of this  paragraph,
    36  265.01-c,  265.02,  265.03, 265.04, 265.05, 265.50, 265.55 and 270.05 by
    37  the following:
    38    § 5. Notwithstanding any provision of law to the  contrary,  a  person
    39  who possesses a shock glove on the effective date of this act shall have
    40  sixty  days  from such effective date to surrender such shock glove to a
    41  police department or sheriff's office or otherwise lawfully  dispose  of
    42  such  shock  glove.  A  person shall not be guilty of a violation of the
    43  penal law based solely upon possession of  a  shock  glove  during  such
    44  sixty-day  period,  provided that such possession commenced prior to the
    45  effective date of this act and is solely for the purpose of surrendering
    46  or otherwise lawfully disposing of such shock glove.
    47    § 6. The  attorney  general  shall  have  primary  responsibility  for
    48  enforcement  of  the  provisions of this act relating to the sale, offer
    49  for  sale,  distribution,  advertising,  or  other  commercial  activity
    50  involving  shock  gloves. The attorney general may promulgate such rules
    51  and  regulations  as  are  necessary  to  implement  and  enforce   such
    52  provisions,  including  rules  concerning  the  identification, testing,
    53  labeling, and commercial distribution of shock gloves and  substantially
    54  similar glove, glove-like, or wearable devices, provided that such rules
    55  shall be consistent with the definitions and prohibitions established by
    56  law.  In  exercising  such authority, the attorney general shall consult

        A. 11672                            3
 
     1  with the  department  of  state,  including  its  division  of  consumer
     2  protection,  the  division  of  criminal justice services, including the
     3  municipal police training council, and the division of state police,  as
     4  appropriate,  regarding  product safety, emerging technologies, conduct-
     5  ed-energy devices, forensic testing, and law enforcement considerations,
     6  and shall periodically review such definitions in consultation with  the
     7  department  of state, including its division of consumer protection, and
     8  the division of  criminal  justice  services,  including  the  municipal
     9  police  training  council,  to account for changes in technology and the
    10  development of substantially similar devices.  The attorney general  may
    11  coordinate  with such agencies and other appropriate federal, state, and
    12  local authorities as necessary to carry out the purposes of this act.
    13    § 7. This act shall take effect on the ninetieth day  after  it  shall
    14  have become a law.
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