Relates to auxiliary police and their ability to carry a collapsible police baton.
TITLE OF BILL: An act to amend the penal law, in relation to auxiliary police and their ability to carry a collapsible police baton
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to allow auxiliary police to carry collapsible police batons.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision (b) of section 265.20 of the penal law.
Section 2 contains the effective date.
JUSTIFICATION: In 2011, the New York Police Department suspended the Auxiliary Bike. Patrol Program, due to safety concerns. These concerns centered on the inability of Auxiliary police to carry a collapsible baton. The normal police baton, which Auxiliary police can carry, was too long and often times got stuck in the bicycle wheels while the volunteer policemen pedaled. This bill would allow Auxiliary policeman to carry collapsible police batons, which would make bicycle patrols a viable option again. The collapsible baton could be carried safely by the Auxiliary police, while still providing the protection necessary for such a patrol.
PRIOR LEGISLATIVE HISTORY: None
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7713 IN SENATE June 2, 2014 ___________Introduced by Sen. AVELLA -- 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 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: Section 1. Subdivision b of section 265.20 of the penal law, as amended by chapter 75 of the laws of 1983, and as relettered by chapter 376 of the laws of 1995, is amended to read as follows: b. Section 265.01 shall not apply to possession of that type of billy commonly known as a "police baton" OR A COLLAPSIBLE "POLICE BATON" which is twenty-four to twenty-six inches in length and no more than one and one-quarter inches in thickness by members of an auxiliary police force
[of a city with a population in excess of one million persons or the county of Suffolk]when duly authorized by regulation or order issued by the police commissioner of such city or such county respectively. Such regulations shall require training in the use of the police baton including but not limited to the defensive use of the baton and instruc- tion in the legal use of deadly physical force pursuant to article thir- ty-five of this chapter. Notwithstanding the provisions of this section or any other provision of law, possession of such baton shall not be authorized when used intentionally to strike another person except in those situations when the use of deadly physical force is authorized by such article thirty-five. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11356-01-3