STATE OF NEW YORK
________________________________________________________________________
4444
2023-2024 Regular Sessions
IN SENATE
February 8, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to prohibiting the use of
certain chemical incapacitants by law enforcement agencies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 837-x
2 to read as follows:
3 § 837-x. Prohibit use of chemical incapacitants. 1. No law enforcement
4 agency shall use any chemical incapacitant, except for pepper spray.
5 Pepper spray shall be limited to liquid spray canisters of a volume no
6 greater than 0.75 ounces, and shall not be used for crowd control
7 purposes.
8 2. For the purposes of this section, the following terms shall have
9 the following meanings:
10 (a) "Law enforcement agency" means any agency which is empowered by
11 law to conduct an investigation or to make an arrest for a felony, and
12 any agency which is authorized by law to prosecute or participate in the
13 prosecution of a felony.
14 (b) "Chemical incapacitant" means the following, together or separate-
15 ly:
16 (i) Toxic chemicals and their precursors, except where intended for
17 purposes not prohibited under this section, as long as the types and
18 quantities are consistent with such purposes;
19 (ii) Munitions and devices, specifically designed to cause temporary
20 pain, temporary irritation, temporary disruption of vital processes,
21 temporary incapacitation, temporary disability, or permanent harm
22 through the toxic properties of those toxic chemicals specified in
23 subparagraph (i) of this paragraph, which would be released as a result
24 of the employment of such munitions and devices;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08804-01-3
S. 4444 2
1 (iii) Any equipment specifically designed for use directly in
2 connection with the employment of munitions and devices specified in
3 subparagraph (ii) of this paragraph.
4 (c) "Toxic chemical" means any chemical which through its chemical
5 action on biological processes can cause death, temporary pain, tempo-
6 rary irritation, temporary disruption of vital processes, temporary
7 incapacitation, temporary disability, or permanent harm to humans or
8 animals. This includes all such chemicals, regardless of their origin or
9 of their method of production, and regardless of whether they are
10 produced in facilities, in munitions or elsewhere.
11 (d) "Precursor" means any chemical reactant which takes part at any
12 stage in the production by whatever method of a toxic chemical. This
13 includes any key component of a binary or multicomponent chemical
14 system.
15 (e) "Key component of binary or multicomponent chemical systems"
16 (hereinafter referred to as "key component") means: the precursor which
17 plays the most important role in determining the toxic properties of the
18 final product and reacts rapidly with other chemicals in the binary or
19 multicomponent system.
20 § 2. This act shall take effect immediately.
