D'Urso, Ra, Montesano, Errigo, Miller B, Lawrence, Miller ML, Morinello, Curran
MLTSPNSR
Crouch
Amd §265.20, Pen L
Relates to allowing members of the Nassau County auxiliary police force to possess a police baton when authorized by the police commissioner of such county.
STATE OF NEW YORK
________________________________________________________________________
8745
2017-2018 Regular Sessions
IN ASSEMBLY
October 25, 2017
___________
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 shall not apply to possession of that type of billy
5 commonly known as a "police baton" which is twenty-four to twenty-six
6 inches in length and no more than one and one-quarter inches in thick-
7 ness by members of an auxiliary police force of a city with a population
8 in excess of one million persons [or], the county of Suffolk or the
9 county of Nassau when duly authorized by regulation or order issued by
10 the police commissioner of such city or such county respectively. Such
11 regulations shall require training in the use of the police baton
12 including but not limited to the defensive use of the baton and instruc-
13 tion in the legal use of deadly physical force pursuant to article thir-
14 ty-five of this chapter. Notwithstanding the provisions of this section
15 or any other provision of law, possession of such baton shall not be
16 authorized when used intentionally to strike another person except in
17 those situations when the use of deadly physical force is authorized by
18 such article thirty-five.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13480-01-7
