BILL NUMBER: S5298

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting members of
law enforcement from using tear gas

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit law enforcement from using tear gas at any time.

 
SUMMARY OF PROVISIONS:

Section 1: Amend The executive law is amended by adding a new section
170-d that prohibits the use of tear gas by law enforcement.

Section 2: This act shall take effect immediately.

 
JUSTIFICATION:

              

Tear gas is a chemical weapon utilized throughout the world. Most often,
we see it used against protestors. The protests over the death of George
Floyd and the call for reform within our law enforcement - has led to
many law enforcement units throughout the country, including New York,
to utilize tear gas to disperse crowds.

However, the use of tear gas has been deemed illegal by various interna-
tional treaties in wartime. Yet it's still used Jamil Dakwar, Director
of the Human Rights Program with the American Civil Liberties Union, is
quoted saying that tear gas is "really used to suppress protest and
that's really one of the fundamental problems with it." When asked about
why tear gas has not been banned for municipal PD, Mr. Dakwar stated
that the omittance of tear gas for law enforcement purposes was a
compromise as to prevent officers from resorting to more lethal weapons.

However, we have seen tear gas used liberally to attack peaceful
protesters and to silent the voice of the people. Tear gas is painful
and attacked indiscriminately. Our law enforcement needs to focus on
de-escalation, and the use of chemical weapons should not be used to
silence the people.

 
PRIOR LEGISLATIVE HISTORY:

2020-2022: Assembly bill died in committee; no same-as

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.