Bill Text: NY S00223 | 2025-2026 | General Assembly | Introduced

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Bill Title: Exempts from the use of self-defense sprays minors who are at least sixteen years of age and have been granted an order of protection or have been the victim of a crime, including where a criminal proceeding or investigation is still ongoing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S00223 Detail]

Download: New_York-2025-S00223-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           223

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to  exemptions  for  self-de-
          fense spray devices

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

     1    Section 1. Subparagraph (b)  of  paragraph  14  of  subdivision  a  of
     2  section  265.20 of the penal law, as added by chapter 354 of the laws of
     3  1996, is amended to read as follows:
     4    (b) The exemption under this paragraph shall not  apply  to  a  person
     5  who:
     6    (i)  is  less than eighteen years of age, unless the minor is at least
     7  sixteen years of age and has been granted an order of protection or  has
     8  been  the  victim  of  a crime, including where a criminal proceeding or
     9  investigation is still ongoing, but the  disposition  of  such  investi-
    10  gation shall not preclude such minor from lawfully possessing a self-de-
    11  fense spray device; or
    12    (ii)  has  been  previously convicted in this state of a felony or any
    13  assault; or
    14    (iii) has been convicted of a crime outside  the  state  of  New  York
    15  which  if committed in New York would constitute a felony or any assault
    16  crime.
    17    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01082-01-5