Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2024 |
referred to codes |
Feb 10, 2023 |
referred to codes |
Senate Bill S4571
2023-2024 Legislative Session
Sponsored By
(D, WF) 13th Senate District
Current Bill Status - In Senate Committee Codes Committee
- 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
Actions
co-Sponsors
(D) 14th Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D, WF) 28th Senate District
2023-S4571 (ACTIVE) - Details
2023-S4571 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4571 SPONSOR: RAMOS PURPOSE OR GENERAL IDEA OF BILL: Directs the executive to create a written policy for the use of sound cannons and other sustained auditory dispersal tools as deterrents and verbal communication. SUMMARY OF PROVISIONS: § 1. (a) Establishes a written policy (b) Defines sustained auditory dispersal tool: long range acoustic device, sonic weapon, sonic cannon, or any high powered sound magnifier transducer or other technology, to emit sustained tones, beeps, chirps, or any deterrent tone or other non-verbal communication. Such devices emitting over 90 decibels are considered presumptively unreasonable. Excludes devices that magnify information or orders as a form of verbal communication unless used as a deterrent.
2023-S4571 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4571 2023-2024 Regular Sessions I N S E N A T E February 10, 2023 ___________ Introduced by Sens. RAMOS, COMRIE, HOYLMAN-SIGAL, JACKSON, KRUEGER, RIVERA, SALAZAR, SEPULVEDA -- 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 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
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