Bill Text: NY A02234 | 2023-2024 | General Assembly | Introduced

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Bill Title: Creates a written policy prohibiting the use of sustained auditory dispersal tools by police agencies.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - referred to codes [A02234 Detail]

Download: New_York-2023-A02234-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2234

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the executive law, in relation  to  creating  a  written
          policy on the use of sustained auditory dispersal tools

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 837 of the executive law is amended by adding a new
     2  subdivision 24 to read as follows:
     3    24. (a) Establish a written policy prohibiting  police  agencies  from
     4  using sustained auditory dispersal tools.
     5    (b) For the purposes of this subdivision, the term "sustained auditory
     6  dispersal tool" shall mean any long range acoustic device, sonic weapon,
     7  sonic  cannon,  or any high powered sound magnifier, using piezoelectric
     8  transducer or other technology, to emit sustained tones, beeps,  chirps,
     9  or  any  deterrent  tone  or  other non-verbal communication at decibels
    10  shown to cause hearing loss or other dangerous effects for  a  sustained
    11  period.  Any  such tone or non-verbal communication over ninety decibels
    12  shall be considered  presumptively  unreasonable.  The  term  "sustained
    13  auditory dispersal tool" shall not include any device designed to magni-
    14  fy  information or orders via verbal communication at ninety decibels or
    15  below, and properly administered according to health and  safety  stand-
    16  ards, by properly trained personnel, provided, however, that such use of
    17  any such device as a deterrent and not as a mode of verbal communication
    18  shall cause such device to be a "sustained auditory dispersal tool".
    19    (c)  (i) Any individual who has been subjected to a sustained auditory
    20  dispersal tool by a law enforcement officer in violation of this section
    21  or the written policy of  the  division  of  criminal  justice  services
    22  promulgated  under this section may institute a civil action against the
    23  employing agency of such law enforcement officer for any of the  follow-
    24  ing:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06023-01-3
        A. 2234                             2

     1    (A) One thousand dollars per violation or actual damages, whichever is
     2  greater;
     3    (B) Punitive damages;
     4    (C) Injunctive or declaratory relief; and/or
     5    (D) Any other relief the court deems proper.
     6    (ii)  In  assessing  the  amount  of punitive damages, the court shall
     7  consider:
     8    (A) The number of times the  person  was  unlawfully  subjected  to  a
     9  sustained auditory dispersal tool;
    10    (B) The decibel level used;
    11    (C) Medical complications resulting from the use of sustained auditory
    12  dispersal tool; and
    13    (D)  The  persistence  of violations by the particular law enforcement
    14  agency and law enforcement officer.
    15    (iii) In any action brought under this section, the  court  may  award
    16  reasonable attorneys' fees to a prevailing plaintiff.
    17    § 2. This act shall take effect immediately.