S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7898
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 19, 2023
                                ___________
 
 Introduced  by  M.  of A. SIMON, JACKSON, FORREST, ZINERMAN -- read once
   and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to prohibiting the use of
   certain chemical incapacitants by law enforcement agencies
 
   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-x
 to read as follows:
   § 837-X. PROHIBIT USE OF CHEMICAL INCAPACITANTS. 1. NO LAW ENFORCEMENT
 AGENCY SHALL USE ANY CHEMICAL INCAPACITANT,  EXCEPT  FOR  PEPPER  SPRAY.
 PEPPER  SPRAY  SHALL BE LIMITED TO LIQUID SPRAY CANISTERS OF A VOLUME NO
 GREATER THAN 0.75 OUNCES, AND  SHALL  NOT  BE  USED  FOR  CROWD  CONTROL
 PURPOSES.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY WHICH  IS  EMPOWERED  BY
 LAW  TO  CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST FOR A FELONY, AND
 ANY AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE
 PROSECUTION OF A FELONY.
   (B) "CHEMICAL INCAPACITANT" MEANS THE FOLLOWING, TOGETHER OR SEPARATE-
 LY:
   (I) TOXIC CHEMICALS AND THEIR PRECURSORS, EXCEPT  WHERE  INTENDED  FOR
 PURPOSES  NOT  PROHIBITED  UNDER  THIS SECTION, AS LONG AS THE TYPES AND
 QUANTITIES ARE CONSISTENT WITH SUCH PURPOSES;
   (II) MUNITIONS AND DEVICES, SPECIFICALLY DESIGNED TO  CAUSE  TEMPORARY
 PAIN,  TEMPORARY  IRRITATION,  TEMPORARY  DISRUPTION OF VITAL PROCESSES,
 TEMPORARY  INCAPACITATION,  TEMPORARY  DISABILITY,  OR  PERMANENT   HARM
 THROUGH  THE  TOXIC  PROPERTIES  OF  THOSE  TOXIC CHEMICALS SPECIFIED IN
 SUBPARAGRAPH (I) OF THIS PARAGRAPH, WHICH WOULD BE RELEASED AS A  RESULT
 OF THE EMPLOYMENT OF SUCH MUNITIONS AND DEVICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08804-01-3
 A. 7898                             2
              

 
   (III)   ANY  EQUIPMENT  SPECIFICALLY  DESIGNED  FOR  USE  DIRECTLY  IN
 CONNECTION WITH THE EMPLOYMENT OF MUNITIONS  AND  DEVICES  SPECIFIED  IN
 SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (C)  "TOXIC  CHEMICAL"  MEANS  ANY CHEMICAL WHICH THROUGH ITS CHEMICAL
 ACTION ON BIOLOGICAL PROCESSES CAN CAUSE DEATH, TEMPORARY  PAIN,  TEMPO-
 RARY  IRRITATION,  TEMPORARY  DISRUPTION  OF  VITAL PROCESSES, TEMPORARY
 INCAPACITATION, TEMPORARY DISABILITY, OR PERMANENT  HARM  TO  HUMANS  OR
 ANIMALS. THIS INCLUDES ALL SUCH CHEMICALS, REGARDLESS OF THEIR ORIGIN OR
 OF  THEIR  METHOD  OF  PRODUCTION,  AND  REGARDLESS  OF WHETHER THEY ARE
 PRODUCED IN FACILITIES, IN MUNITIONS OR ELSEWHERE.
   (D) "PRECURSOR" MEANS ANY CHEMICAL REACTANT WHICH TAKES  PART  AT  ANY
 STAGE  IN  THE  PRODUCTION BY WHATEVER METHOD OF A TOXIC CHEMICAL.  THIS
 INCLUDES ANY KEY  COMPONENT  OF  A  BINARY  OR  MULTICOMPONENT  CHEMICAL
 SYSTEM.
   (E)  "KEY  COMPONENT  OF  BINARY  OR  MULTICOMPONENT CHEMICAL SYSTEMS"
 (HEREINAFTER REFERRED TO AS "KEY COMPONENT") MEANS: THE PRECURSOR  WHICH
 PLAYS THE MOST IMPORTANT ROLE IN DETERMINING THE TOXIC PROPERTIES OF THE
 FINAL  PRODUCT  AND REACTS RAPIDLY WITH OTHER CHEMICALS IN THE BINARY OR
 MULTICOMPONENT SYSTEM.
   § 2. This act shall take effect immediately.