BILL NUMBER: S3527

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the executive law, in relation to limitations on certain
excess property provided to local law enforcement

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit police departments from purchasing or receiving certain
military grade equipment through the federal military equipment surplus
program.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 837 of the Executive Law by adding subdivision
23 to prohibit law enforcement agencies from receiving or purchasing
equipment through the military equipment surplus program.

Section 2 sets forth the effective date.

              

 
JUSTIFICATION:

The militarization of police does not keep our communities safe and it
does not protect police officers. According to a study of 9,000 law
enforcement agencies across the U.S, police militarization does not
reduce violent crime or impact the number of officers assaulted or
killed on the job. Moreover, there is evidence that police forces are
more likely to deploy militarized units in black neighborhoods.
Furthermore, the use of military grade equipment by the police can actu-
ally decrease public confidence in law enforcement. A different study
found evidence that increased militarization of law enforcement was
associated with increased police violence.

As protests against police brutality continue across New York and the
country in the wake of George Floyd's murder and the several that have
occurred since, the police response has been highly militarized.  Police
officers in riot gear have used pepper spray, tear gas, and shot rubber
bullets at peaceful protestors and journalists. In some cities, police
have used armored vehicles, echoing back to the police response to
protests in Ferguson in 2014. Military equipment is counterproductive;
instead of helping officers deescalate, it encourages them to approach
protests as war zones.

Between 1997 and 2014, the Department of Defense transferred $4.3
billion worth of military grade equipment to local police departments
around the country through the 1033 program. The New York Daily News
reported in 2014 that police departments and sheriffs offices across the
state had received at least $28 million in equipment from the Defense
Department. The program was originally created to aid police departments
combatting terrorism and drug trafficking. In 2015, President Obama
issued an Executive Order preventing the transfer of certain armed vehi-
cles and armed aircraft, grenade launchers, bayonets, camouflage
uniforms and other equipment to police departments. The Executive Order
also placed restrictions on other equipment induding explosives and
pyrotechnics and riot equipment.  However, these restrictions were
rescinded by President Trump in 2017.

Military grade equipment has no place in our communities. This bill
would bar law enforcement agencies from receiving or purchasing the
following equipment from the Department of Defense's military equipment
surplus program: armored or weaponized drones, combat configured or
coded aircraft, grenades, grenade launchers, or similar explosives,
silencers, militarized armored vehicles, camouflage uniforms, bayonets,
riot gear, including batons, helmets, and shields, firearms or ammuni-
tion, explosives or pyrotechnics, and chemical incapacitants. Law
enforcement agencies would also be required to publicly disclose all
requests for equipment they make from the military surplus program.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S1069

2020: S8507 / A10660

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.