NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A497
SPONSOR: Epstein TITLE OF BILL:
An act to amend the penal law, in relation to the use of pepper spray by
police officers and peace officers
PURPOSE OR GENERAL IDEA OF BILL:
To criminalize the intentional or reckless use of pepper spray by a law
enforcement officer.
SUMMARY OF PROVISIONS:
Section 1 amends section 120.00 of the penal law by adding a new subdi-
vision 4 that creates the crime of intentional or reckless use of,
pepper spray by a law enforcement officer against an individual that is
not being lawfully arrested.
Section 2 provides the effective date
JUSTIFICATION:
Pepper spray is a chemical weapon used by law enforcement, especially in
response to mass gatherings such as protests. In theory, pepper spray is
nonlethal, though for people with asthma and other conditions, it can be
deadly.
Widespread protests in June of 2020 in New York and across the country
brought to light the frequent use of pepper spray against peaceful
protestors. Given the potential for pepper spray to cause serious ha.Lia
or death, it is in the interest of public safety to constrain its use
and provide victims of its misuse with an opportunity for legal action.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A6568 (Epstein) / No Same as - Assembly Codes /
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately after becoming law.
STATE OF NEW YORK
________________________________________________________________________
497
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the use of pepper spray by
police officers and peace officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 120.00 of the penal law is amended to read as
2 follows:
3 § 120.00 Assault in the third degree.
4 A person is guilty of assault in the third degree when:
5 1. With intent to cause physical injury to another person, he causes
6 such injury to such person or to a third person; or
7 2. He recklessly causes physical injury to another person; or
8 3. With criminal negligence, he causes physical injury to another
9 person by means of a deadly weapon or a dangerous instrument[.]; or
10 4. A police officer, peace officer, or other public servant who is
11 authorized to make an arrest for a criminal offense intentionally or
12 recklessly uses pepper spray on an individual that is not being lawfully
13 arrested or uses pepper spray other than pursuant to article thirty-five
14 of this chapter. Any use of pepper spray as crowd control shall consti-
15 tute a violation of this section, and each individual affected shall
16 constitute a separate incidence of assault in the third degree.
17 Assault in the third degree is a class A misdemeanor.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00154-01-3
