BILL NUMBER: S8507A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the executive law, in relation to limitations on certain
excess property provided to local law enforcement

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit police departments from purchasing or receiving certain
military grade equipment through the federal military equipment surplus
program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 837 of the Executive Law by adding subdivision
23 to prohibit law enforcement agencies from receiving or purchasing
equipment through the military equipment surplus program.

Section 2 sets forth the effective date.
              

 
JUSTIFICATION:

The militarization of police does not keep our communities safe nor does
it protect police officers. According to a study of 9,000 law enforce-
ment agencies across the U.S, police militarization does not reduce
violent crime or impact the number of officers assaulted or killed on
the job. Moreover, there is evidence that police forces are more likely
to deploy militarized units in black neighborhoods.  Furthermore, the
use of military grade equipment by the police can actually decrease
public confidence in law enforcement. (1) A different study found
evidence that increased militarization of law enforcement was associated
with increased police violence.(2)

As protests against police brutality continue across New York and the
country in the wake of George Floyd's murder, the police response has
been highly militarized. Police officers in riot gear have used pepper
spray, tear gas, and shot rubber bullets at peaceful protestors and
journalists. In some cities, police have used armored vehicles, echoing
back to the police response to protests in Ferguson in 2014.  Military
equipment is counterproductive -- instead of helping officers deesca-
late, it encourages them to approach protests as war zones.

Between 1997 and 2014, the Department of Defense transferred $4.3
billion worth of military grade equipment to local police departments
around the country through the 1033 program. The New York Daily News
reported in 2014 that police departments and sheriff's offices across
the state had received at least $28 million in equipment from the
Defense Department.(3) The program was originally created to aid police
departments combatting terrorism and drug trafficking. In 2015, Presi-
dent Obama issued an Executive Order preventing the transfer of certain
armed vehicles and armed aircraft, grenade launchers, bayonets, camou-
flage uniforms and other equipment to police departments. The Executive
Order also placed restrictions on other equipment including explosives
and pyrotechnics and riot equipment.  However, these restrictions were
rescinded by President Trump in 2017.


Military grade equipment has no place in our communities. This bill
would bar law enforcement agencies from receiving or purchasing the
following equipment from the Department of Defense's military equipment
surplus program: armored or weaponized drones, combat configured or
coded aircraft, grenades, grenade launchers, or similar explosives,
silencers, militarized armored vehicles, camouflage uniforms, bayonets,
riot gear, including batons, helmets, and shields, firearms or ammuni-
tion, explosives or pyrotechnics, and chemical incapacitants. Law
enforcement agencies would also be required to publicly disclose all
requests for equipment they make from the military surplus program.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.
(1) https://www.pnas.org/content/115/37/9181
(2) https://journals.sagepub.com/dol/ full/10.1177/2053168017712885
(3) https://nydailynews.com/new-york/state-
cops-loaded-28m-military-gear-article-1.1976068