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A00854 Summary:

SPONSORRosenthal D (MS)
MLTSPNSRMontesano, Mosley
Amd 265.20, Pen L
Relates to auxiliary police and their ability to carry a collapsible police baton.
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A00854 Actions:

01/11/2019referred to codes
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A00854 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal D (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to auxiliary police and their ability to carry a collapsible police baton   PURPOSE: The purpose of this bill is to allow auxiliary police to carry collapsi- ble police batons   SUMMARY OF PROVISIONS: Section 1 amends subdivision (o) of Section 265.20 of the penal law Section 2 contains the effective date.   JUSTIFICATION: In 2011, the New York Police Department suspended the Auxiliary Bike Patrol Program, due to safety concerns. These concerns centered on the inability of Auxiliary police to carry a collapsible baton. The normal police baton, which Auxiliary police can carry, was too long and often- times got stuck in the bicycle wheels while the volunteer policemen pedaled. This bill would allow Auxiliary policeman to carry collapsible police batons, which would make bicycle patrols a viable option again. The collapsible baton could be carried safely by the Auxiliary police, while still providing the protection necessary for such a patrol.   LEGISLATIVE HISTORY: 2013-2014: Referred to Codes 2014-2016: Referred to Codes 2017: A1195 Referred to Codes 2018: A09739 Referred to Codes   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately
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A00854 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
        Introduced  by M. of A. D. ROSENTHAL, McDONOUGH -- Multi-Sponsored by --
          M. of A.  MONTESANO, MOSLEY -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation to auxiliary police and their
          ability to carry a collapsible police baton

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  b  of  section  265.20  of the penal law, as
     2  amended by chapter 75 of the laws of 1983, and as relettered by  chapter
     3  376 of the laws of 1995, is amended to read as follows:
     4    b.  Section 265.01 shall not apply to possession of that type of billy
     5  commonly known as a "police baton" or a collapsible "police baton" which
     6  is twenty-four to twenty-six inches in length and no more than  one  and
     7  one-quarter  inches in thickness by members of an auxiliary police force
     8  [of a city with a population in excess of one  million  persons  or  the
     9  county of Suffolk] when duly authorized by regulation or order issued by
    10  the  police  commissioner of such city or such county respectively. Such
    11  regulations shall require training  in  the  use  of  the  police  baton
    12  including but not limited to the defensive use of the baton and instruc-
    13  tion in the legal use of deadly physical force pursuant to article thir-
    14  ty-five  of this chapter. Notwithstanding the provisions of this section
    15  or any other provision of law, possession of such  baton  shall  not  be
    16  authorized  when  used  intentionally to strike another person except in
    17  those situations when the use of deadly physical force is authorized  by
    18  such article thirty-five.
    19    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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