Bill Text: NY A07076 | 2019-2020 | General Assembly | Introduced

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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: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A07076 Detail]

Download: New_York-2019-A07076-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7076
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2019
                                       ___________
        Introduced  by  M.  of A. THIELE, 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 immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10867-01-9