S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2763
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS,  HOYLMAN,  JACKSON, LIU, MYRIE, SEPULVEDA,
   STAVISKY -- read twice and ordered printed, and  when  printed  to  be
   committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to requiring the division
   of  criminal justice services to establish a policy prohibiting police
   agencies from using chemical weapons and kinetic energy  munitions  on
   civilian populations
 
   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. ESTABLISH A WRITTEN POLICY PROHIBITING POLICE AGENCIES FROM  USING
 CHEMICAL  WEAPONS  AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS.
 SUCH POLICY SHALL PROHIBIT POLICE AGENCIES FROM  DEVELOPING,  PRODUCING,
 OR  OTHERWISE  ACQUIRING  OR  STOCKPILING,  RETAINING,  OR TRANSFERRING,
 DIRECTLY OR INDIRECTLY, CHEMICAL WEAPONS OR  KINETIC  ENERGY  MUNITIONS.
 SUCH  POLICY  SHALL ALSO REQUIRE POLICE AGENCIES TO DESTROY ANY CHEMICAL
 WEAPONS POSSESSED BY SUCH AGENCY OR LOCATED IN A PLACE UNDER THE  JURIS-
 DICTION OR CONTROL OF SUCH AGENCY. FOR THE PURPOSES OF THIS SUBDIVISION:
   (A) "CHEMICAL WEAPONS" MEANS:
   (I)  TOXIC  CHEMICALS  AND THEIR PRECURSORS, EXCEPT WHERE INTENDED FOR
 PURPOSES NOT PROHIBITED PURSUANT TO THIS SUBDIVISION AND WHERE THE TYPES
 AND QUANTITIES OF SUCH CHEMICALS ARE CONSISTENT WITH SUCH PURPOSES;
   (II) MUNITIONS AND DEVICES SPECIFICALLY DESIGNED  TO  CAUSE  DEATH  OR
 OTHER  HARM  THROUGH TOXIC PROPERTIES OF TOXIC CHEMICALS AS DESCRIBED IN
 SUBPARAGRAPH (I) OF THIS PARAGRAPH WHICH WOULD BE RELEASED AS  A  RESULT
 OF THE EMPLOYMENT OF SUCH MUNITIONS AND DEVICES; OR
   (III)   ANY  EQUIPMENT  SPECIFICALLY  DESIGNED  FOR  USE  DIRECTLY  IN
 CONNECTION WITH THE EMPLOYMENT OF MUNITIONS AND DEVICES AS DESCRIBED  IN
 SUBPARAGRAPH (II) OF THIS PARAGRAPH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06627-01-1
              

 S. 2763                             2
 
   (B)  "TOXIC  CHEMICAL"  MEANS  ANY CHEMICAL WHICH THROUGH ITS CHEMICAL
 ACTION ON LIFE PROCESSES CAN CAUSE DEATH,  TEMPORARY  INCAPACITATION  OR
 PERMANENT  HARM TO HUMANS OR ANIMALS. TOXIC CHEMICALS INCLUDE ALL CHEMI-
 CALS DEFINED AS TOXIC CHEMICALS PURSUANT TO THIS  SUBPARAGRAPH,  REGARD-
 LESS  OF  THE ORIGIN OR METHOD OF PRODUCTION OF THE CHEMICAL AND REGARD-
 LESS OF WHETHER THE CHEMICALS ARE PRODUCED IN FACILITIES,  IN  MUNITIONS
 OR ELSEWHERE.
   (C) "KINETIC ENERGY MUNITIONS" INCLUDES, BUT IS NOT LIMITED TO, IMPACT
 ROUNDS,  INCLUDING  RUBBER  BATON  ROUNDS, PLASTIC, WAX, WOOD OR RUBBER-
 COATED PROJECTILES.
   § 2. This act shall take effect immediately.