Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 24, 2020 |
referred to codes |
Assembly Bill A10680
2019-2020 Legislative Session
Sponsored By
HYNDMAN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-A10680 (ACTIVE) - Details
2019-A10680 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10680 I N A S S E M B L Y June 24, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hyndman) -- read once and referred to the Committee 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: Section 1. Section 837 of the executive law is amended by adding a new subdivision 23 to read as follows: 23. (A) ESTABLISH A WRITTEN POLICY PROHIBITING POLICE AGENCIES FROM USING SUSTAINED AUDITORY DISPERSAL TOOLS. (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "SUSTAINED AUDITORY DISPERSAL TOOL" SHALL MEAN ANY LONG RANGE ACOUSTIC DEVICE, SONIC WEAPON, SONIC CANNON, OR ANY HIGH POWERED SOUND MAGNIFIER, USING PIEZOELECTRIC TRANSDUCER OR OTHER TECHNOLOGY, TO EMIT SUSTAINED TONES, BEEPS, CHIRPS, OR ANY DETERRENT TONE OR OTHER NON-VERBAL COMMUNICATION AT DECIBELS SHOWN TO CAUSE HEARING LOSS OR OTHER DANGEROUS EFFECTS FOR A SUSTAINED PERIOD. ANY SUCH TONE OR NON-VERBAL COMMUNICATION OVER NINETY DECIBELS SHALL BE CONSIDERED PRESUMPTIVELY UNREASONABLE. THE TERM "SUSTAINED AUDITORY DISPERSAL TOOL" SHALL NOT INCLUDE ANY DEVICE DESIGNED TO MAGNI- FY INFORMATION OR ORDERS VIA VERBAL COMMUNICATION AT NINETY DECIBELS OR BELOW, AND PROPERLY ADMINISTERED ACCORDING TO HEALTH AND SAFETY STAND- ARDS, BY PROPERLY TRAINED PERSONNEL, PROVIDED, HOWEVER, THAT SUCH USE OF ANY SUCH DEVICE AS A DETERRENT AND NOT AS A MODE OF VERBAL COMMUNICATION SHALL CAUSE SUCH DEVICE TO BE A "SUSTAINED AUDITORY DISPERSAL TOOL". (C) (I) ANY INDIVIDUAL WHO HAS BEEN SUBJECTED TO A SUSTAINED AUDITORY DISPERSAL TOOL BY A LAW ENFORCEMENT OFFICER IN VIOLATION OF THIS SECTION OR THE WRITTEN POLICY OF THE DIVISION OF CRIMINAL JUSTICE SERVICES PROMULGATED UNDER THIS SECTION MAY INSTITUTE A CIVIL ACTION AGAINST THE EMPLOYING AGENCY OF SUCH LAW ENFORCEMENT OFFICER FOR ANY OF THE FOLLOW- ING: (A) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS GREATER; (B) PUNITIVE DAMAGES; (C) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.