NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2234
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the executive law, in relation to creating a written
policy on the use of sustained auditory dispersal tools
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.
(c) Sets punitive measures for victims to bring a civil action § 2.
Sets Effective Date
JUSTIFICATION:
For decades, protesters have lined the streets of cities and towns
saying the names: George Floyd, Breonna Taylor, Tony Mcdade and many
more black individuals that have lost their lives due to police
violence. The public, acting on their right to 'assemble peacefully, are
forcefully dispersed by police with "non-lethal" weapons. Since 2014,
courts have affirmed the NYPD's use of Long-Range Acoustic Devices
(LRAD), or sound cannons, as excessive force when used for crowd
control. LRAD used by NYPD can emit sounds up to 162 decibels. The
National institute for Occupational Safety and Health states that hear-
ing loss can be caused by exposure to sound levels over 85 decibels.
Protestor's voices should not be drowned out by dangerous alarm tones
used to disperse demonstrations.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2234
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee 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:
1 Section 1. Section 837 of the executive law is amended by adding a new
2 subdivision 24 to read as follows:
3 24. (a) Establish a written policy prohibiting police agencies from
4 using sustained auditory dispersal tools.
5 (b) For the purposes of this subdivision, the term "sustained auditory
6 dispersal tool" shall mean any long range acoustic device, sonic weapon,
7 sonic cannon, or any high powered sound magnifier, using piezoelectric
8 transducer or other technology, to emit sustained tones, beeps, chirps,
9 or any deterrent tone or other non-verbal communication at decibels
10 shown to cause hearing loss or other dangerous effects for a sustained
11 period. Any such tone or non-verbal communication over ninety decibels
12 shall be considered presumptively unreasonable. The term "sustained
13 auditory dispersal tool" shall not include any device designed to magni-
14 fy information or orders via verbal communication at ninety decibels or
15 below, and properly administered according to health and safety stand-
16 ards, by properly trained personnel, provided, however, that such use of
17 any such device as a deterrent and not as a mode of verbal communication
18 shall cause such device to be a "sustained auditory dispersal tool".
19 (c) (i) Any individual who has been subjected to a sustained auditory
20 dispersal tool by a law enforcement officer in violation of this section
21 or the written policy of the division of criminal justice services
22 promulgated under this section may institute a civil action against the
23 employing agency of such law enforcement officer for any of the follow-
24 ing:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06023-01-3
A. 2234 2
1 (A) One thousand dollars per violation or actual damages, whichever is
2 greater;
3 (B) Punitive damages;
4 (C) Injunctive or declaratory relief; and/or
5 (D) Any other relief the court deems proper.
6 (ii) In assessing the amount of punitive damages, the court shall
7 consider:
8 (A) The number of times the person was unlawfully subjected to a
9 sustained auditory dispersal tool;
10 (B) The decibel level used;
11 (C) Medical complications resulting from the use of sustained auditory
12 dispersal tool; and
13 (D) The persistence of violations by the particular law enforcement
14 agency and law enforcement officer.
15 (iii) In any action brought under this section, the court may award
16 reasonable attorneys' fees to a prevailing plaintiff.
17 § 2. This act shall take effect immediately.
