Assembly Bill A497

2023-2024 Legislative Session

Relates to the use of pepper spray by law enforcement officers and public officials

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Current Bill Status - Stricken

  • 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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2023-A497 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §120.00, Pen L
Versions Introduced in 2021-2022 Legislative Session:
A6568

2023-A497 (ACTIVE) - Summary

Provides that police officers may not intentionally or recklessly use pepper spray on an individual who is not being lawfully arrested.

2023-A497 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    497
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to the use of pepper spray by
   police officers and peace officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  120.00  of  the  penal law is amended to read as
 follows:
 § 120.00 Assault in the third degree.
   A person is guilty of assault in the third degree when:
   1. With intent to cause physical injury to another person,  he  causes
 such injury to such person or to a third person; or
   2. He recklessly causes physical injury to another person; or
   3.  With  criminal  negligence,  he  causes physical injury to another
 person by means of a deadly weapon or a dangerous instrument[.]; OR
   4. A POLICE OFFICER, PEACE OFFICER, OR OTHER  PUBLIC  SERVANT  WHO  IS
 AUTHORIZED  TO  MAKE  AN  ARREST FOR A CRIMINAL OFFENSE INTENTIONALLY OR
 RECKLESSLY USES PEPPER SPRAY ON AN INDIVIDUAL THAT IS NOT BEING LAWFULLY
 ARRESTED OR USES PEPPER SPRAY OTHER THAN PURSUANT TO ARTICLE THIRTY-FIVE
 OF THIS CHAPTER. ANY USE OF PEPPER SPRAY AS CROWD CONTROL SHALL  CONSTI-
 TUTE  A  VIOLATION  OF  THIS SECTION, AND EACH INDIVIDUAL AFFECTED SHALL
 CONSTITUTE A SEPARATE INCIDENCE OF ASSAULT IN THE THIRD DEGREE.
   Assault in the third degree is a class A misdemeanor.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00154-01-3

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