Bill Text: NY A03796 | 2019-2020 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A03796 Detail]

Download: New_York-2019-A03796-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3796
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M.  of  A.  McDONOUGH, D'URSO, RA, MONTESANO, B. MILLER,
          LAWRENCE, M. L. MILLER, MORINELLO -- Multi-Sponsored by --  M.  of  A.
          CROUCH -- 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.
                                                                   LBD01722-01-9