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A00497 Summary:

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 Text:

                STATE OF NEW YORK
                               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.
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