S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2234
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee 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 24 to read as follows:
   24. (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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06023-01-3
 A. 2234                             2
              

 
   (A) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
 GREATER;
   (B) PUNITIVE DAMAGES;
   (C) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
   (D) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   (II)  IN  ASSESSING  THE  AMOUNT  OF PUNITIVE DAMAGES, THE COURT SHALL
 CONSIDER:
   (A) THE NUMBER OF TIMES THE  PERSON  WAS  UNLAWFULLY  SUBJECTED  TO  A
 SUSTAINED AUDITORY DISPERSAL TOOL;
   (B) THE DECIBEL LEVEL USED;
   (C) MEDICAL COMPLICATIONS RESULTING FROM THE USE OF SUSTAINED AUDITORY
 DISPERSAL TOOL; AND
   (D)  THE  PERSISTENCE  OF VIOLATIONS BY THE PARTICULAR LAW ENFORCEMENT
 AGENCY AND LAW ENFORCEMENT OFFICER.
   (III) IN ANY ACTION BROUGHT UNDER THIS SECTION, THE  COURT  MAY  AWARD
 REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
   § 2. This act shall take effect immediately.