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A00497 Summary:

BILL NOA00497
 
SAME ASNo Same As
 
SPONSOREpstein
 
COSPNSR
 
MLTSPNSR
 
Amd §120.00, Pen L
 
Provides that police officers may not intentionally or recklessly use pepper spray on an individual who is not being lawfully arrested.
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A00497 Actions:

BILL NOA00497
 
01/09/2023referred to codes
07/24/2023enacting clause stricken
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A00497 Memo:

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.
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A00497 Text:



 
                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
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