Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 11, 2020 |
referred to codes |
Assembly Bill A9784
2019-2020 Legislative Session
Sponsored By
SAYEGH
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
co-Sponsors
Deborah Glick
Yuh-Line Niou
Ellen C. Jaffee
Inez E. Dickens
2019-A9784 (ACTIVE) - Details
2019-A9784 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9784 I N A S S E M B L Y February 11, 2020 ___________ Introduced by M. of A. SAYEGH -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to electronic dart guns and electronic stun guns THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 265.20 of the penal law is amended by adding two new paragraphs 17 and 18 to read as follows: 17. POSSESSION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH OF AN ELECTRONIC DART GUN OR AN ELECTRONIC STUN GUN, AS THOSE TERMS ARE DEFINED IN SECTION 265.00 OF THIS ARTICLE, FOR THE PROTECTION OF A PERSON OR PROPERTY ON REAL ESTATE THAT SUCH PERSON OWNS OR LEASES, OR WHERE SUCH PERSON RESIDES, OR WITHIN THE CONFINES OF A BUSINESS ESTAB- LISHMENT THAT SUCH PERSON OWNS OR LEASES, AND USE OF SUCH ELECTRONIC DART GUN OR ELECTRONIC STUN GUN UNDER CIRCUMSTANCES WHICH WOULD JUSTIFY THE USE OF PHYSICAL FORCE PURSUANT TO ARTICLE THIRTY-FIVE OF THIS CHAP- TER. (A) THE EXEMPTION PROVIDED FOR UNDER THIS PARAGRAPH SHALL NOT APPLY TO A PERSON WHO: (I) IS LESS THAN EIGHTEEN YEARS OF AGE; (II) HAS BEEN PREVIOUSLY CONVICTED IN THIS STATE OF A FELONY OR ANY ASSAULT; OR (III) HAS BEEN CONVICTED OF A CRIME OUTSIDE THE STATE OF NEW YORK WHICH IF COMMITTED IN NEW YORK WOULD CONSTITUTE A FELONY OR ANY ASSAULT CRIME. (B) THE DEPARTMENT OF HEALTH, WITH THE COOPERATION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE SUPERINTENDENT OF STATE POLICE, SHALL DEVELOP STANDARDS AND PROMULGATE REGULATIONS REGARDING THE TYPE OF ELEC- TRONIC DART GUN OR ELECTRONIC STUN GUN WHICH MAY LAWFULLY BE PURCHASED, POSSESSED AND USED PURSUANT TO THIS PARAGRAPH. SUCH REGULATIONS SHALL INCLUDE A MAXIMUM ALLOWABLE DELIVERED CHARGE FOR SUCH DEVICES, AND A REQUIREMENT THAT EVERY ELECTRONIC DART GUN OR ELECTRONIC STUN GUN WHICH MAY BE LAWFULLY PURCHASED, POSSESSED OR USED PURSUANT TO THIS PARAGRAPH HAVE A LABEL WHICH STATES: "WARNING: THE USE OF THIS DEVICE FOR ANY PURPOSE OTHER THAN SELF-DEFENSE IS A CRIMINAL OFFENSE UNDER THE LAW. THIS DEVICE SHALL NOT BE SOLD BY ANOTHER PERSON, OTHER THAN A LICENSED OR AUTHORIZED DEALER. POSSESSION OF THIS DEVICE BY ANY PERSON UNDER THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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