Bill Text: NY A00059 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to auxiliary police and their ability to carry a collapsible police baton.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A00059 Detail]

Download: New_York-2015-A00059-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          59
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. SIMANOWITZ, GRAF, McDONOUGH -- Multi-Sponsored by
         -- M. of A. MOSLEY -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to auxiliary police and their
         ability to carry a collapsible police baton
         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" OR A COLLAPSIBLE "POLICE BATON" which
    6  is  twenty-four  to twenty-six inches in length and no more than one and
    7  one-quarter inches in thickness by members of an auxiliary police  force
    8  [of  a  city  with  a population in excess of one million persons or the
    9  county of Suffolk] 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00509-01-5