STATE OF NEW YORK
________________________________________________________________________
3951
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to allowing members of the
Nassau County auxiliary police force to possess a police baton when
authorized by the police commissioner of such county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision b of section 265.20 of the penal law, as
2 amended by chapter 75 of the laws of 1983 and as relettered by chapter
3 376 of the laws of 1995, is amended to read as follows:
4 b. Section 265.01 of this article shall not apply to possession of
5 that type of billy commonly known as a "police baton" which is twenty-
6 four to twenty-six inches in length and no more than one and one-quarter
7 inches in thickness by members of an auxiliary police force of a city
8 with a population in excess of one million persons [or], the county of
9 Suffolk or the county of Nassau when duly authorized by regulation or
10 order issued by the police commissioner of such city or such county
11 respectively. Such regulations shall require training in the use of the
12 police baton including but not limited to the defensive use of the baton
13 and instruction in the legal use of deadly physical force pursuant to
14 article thirty-five of this chapter. Notwithstanding the provisions of
15 this section or any other provision of law, possession of such baton
16 shall not be authorized when used intentionally to strike another person
17 except in those situations when the use of deadly physical force is
18 authorized by such article thirty-five.
19 § 2. This act shall take effect on the thirtieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07302-01-3
