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A04917 Summary:

BILL NOA04917
 
SAME ASSAME AS S01013
 
SPONSORMeeks (MS)
 
COSPNSRClark, Lunsford, Epstein, Anderson, Kelles, Taylor, Hevesi, Jackson, Gallagher, Simon, Mamdani, Mitaynes, Burdick, Gonzalez-Rojas, Hunter, Septimo, Seawright, Bronson, Rosenthal, Zinerman, Gibbs, Bichotte Hermelyn, Simone, Weprin, Bores, Reyes, Woerner
 
MLTSPNSRDavila
 
Amd §840, Exec L
 
Prohibits the use of chemical agents by police officers against minors under the age of eighteen.
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A04917 Actions:

BILL NOA04917
 
02/10/2025referred to governmental operations
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A04917 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4917
 
SPONSOR: Meeks (MS)
  TITLE OF BILL: An act to amend the executive law, in relation to prohibiting the use of chemical agents by police officers against minors   PURPOSE: The purpose of this bill is to prohibit the usage of chemical agents by police officers against minors, including, but not limited to, oleoresin capsicum, pepper spray and tear gas.   SUMMARY OF PROVISIONS: Section one amends paragraph (d) of subdivision 4 of section 840 of the executive law to amend the model law enforcement use of force policy and every use of force policy established, to prohibit the use of any chemi- cal agent, including, but not limited to, oleoresin capsicum, pepper spray and tear gas against any minor under the age of eighteen.   JUSTIFICATION: This bill prohibits the usage of chemical agents by police officers against minors. On January 29, 2021, the Rochester Police Department used pepper spray on a nine year old girl in attempts to restrain her and place her in the back of a police vehicle. This young girl, as seen on body cam footage, is overwhelmed, stressed, and calling out for her parents. She obviously presented no threat or harm to the officers, yet was pepper sprayed for not putting her feet in the police vehicle. Lack of adequate policies and training, supervision, and accountability systems likely contribute to over-reliance on physical force and chemi- cal agents. We must protect our children from the harmful effects of chemical agents by clearly prohibiting their usage on minors. The usage of chemical agents on minors by police officers is unjustified and should not have a legal backing in New York State. This bill aims to clearly prohibit the use of chemical agents by police officers on minors under the age of eighteen, and prevent what has happened in Rochester from happening again in the state.   PRIOR LEGISLATIVE HISTORY: A5449A of 21-22: referred to governmental operations A2849 of 23-24: referred to governmental operations   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A04917 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4917
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  MEEKS,  CLARK,  LUNSFORD, EPSTEIN, ANDERSON,
          KELLES, TAYLOR, HEVESI, JACKSON, GALLAGHER, SIMON, MAMDANI,  MITAYNES,
          BURDICK,  GONZALEZ-ROJAS,  HUNTER, SEPTIMO, SEAWRIGHT, BRONSON, ROSEN-
          THAL, ZINERMAN, GIBBS, BICHOTTE HERMELYN, SIMONE, WEPRIN, BORES, REYES
          -- Multi-Sponsored by -- M. of A. DAVILA -- read once and referred  to
          the Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to prohibiting the use of
          chemical agents by police officers against minors
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (d) of subdivision 4 of section 840 of the execu-
     2  tive law is amended by adding a new subparagraph 5 to read as follows:
     3    (5) The model law enforcement use of force policy  and  every  use  of
     4  force  policy  established  pursuant to subparagraph three of this para-
     5  graph shall prohibit the use of any chemical agent, including,  but  not
     6  limited  to,  oleoresin  capsicum, pepper spray and tear gas against any
     7  minor under the age of eighteen in any circumstance.
     8    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02174-01-5
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