NY State Senate Bill 2019-S8508

Senate Bill S8508

2019-2020 Legislative Session

Prohibits state or local police from accepting military surplus equipment from the federal government

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2020	referred to rules

2019-S8508 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §837-v, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2099
2023-2024: S5257

2019-S8508 (ACTIVE) - Summary

Prohibits state or local police from accepting military surplus equipment from the federal government.

2019-S8508 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8508

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting state or
local police from accepting military surplus equipment from the federal
government

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibiting state or local police from accepting mili-
tary surplus equipment from the federal government.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section One. Any law enforcement agency within this state shall be
prohibited from accepting military surplus equipment from the federal
government. For the purposes of this section, the term 'law enforcement
agency" shall include any member, officer, chief, or other employee of
the division of state police or of any local or municipal police depart-

ment.

Section 2. Effective Date

 
JUSTIFICATION:

George Floyd was killed May 25, 2020 in Minneapolis, Minnesota during an
arrest. Mr. Floyd, an African-American, died after being arrested by
Derek Chauvin, a white Minneapolis police officer, who kept his knee on
the side of Floyd's neck for 8 minutes and 46 seconds.  Furthermore, 2
minutes and 53 seconds of that time occurred after Floyd became unre-
sponsive, according to the criminal complaint for murder against Chau-
vin. Three other police officers participated in the arrest. Three
police officers pinned the unarmed, handcuffed Floyd on the ground while
another officer stood nearby. This arrest was caught on video.

In the wake of the death of Lloyd George, the public is very concerned
with how police operate. Over the years, police departments across the
nation have participated in a federal program to distribute surplus
military equipment.

The 1033 Program authorizes the United States Department of Defense to
distribute military equipment and weapons to local police departments.
The program was created in 1990 for federal and state law enforcement
agencies during the height of the war on drugs. The program was expanded
to all law enforcement departments seven years later. Over $5.4 billion
in equipment have been sent to police since the program was established.

In a May 28, 2020 Washington Post op-ed, Philip McHarris, a PhD candi-
date in sociology and African American studies at Yale University,
wrote: "Tough-oncrime policies and militarized police departments have
paved the way for increased police contact and tragic violence. Reducing
the capacity for police to engage in routine and militaristic violence
is the only way to break recurring cycles of police killings and the
militarized response that protests of them are often met. with. This
legislation would prohibiting state or local police from accepting mili-
tary surplus equipment from the federal government.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8508 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8508
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to prohibiting  state  or
   local police from accepting military surplus equipment from the feder-
   al government
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-v
 to read as follows:
   §  837-V.  NOTWITHSTANDING  ANY  OTHER  LAW, RULE OR REGULATION TO THE
 CONTRARY, ANY LAW ENFORCEMENT AGENCY WITHIN THIS STATE SHALL BE  PROHIB-
 ITED  FROM ACCEPTING MILITARY SURPLUS EQUIPMENT FROM THE FEDERAL GOVERN-
 MENT. FOR THE PURPOSES OF THIS SECTION, THE TERM "LAW ENFORCEMENT  AGEN-
 CY"  SHALL  INCLUDE ANY MEMBER, OFFICER, CHIEF, OR OTHER EMPLOYEE OF THE
 DIVISION OF STATE POLICE, OR OF ANY LOCAL OR  MUNICIPAL  POLICE  DEPART-
 MENT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16586-01-0

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