What's happening
This bill allows Nassau County auxiliary police to possess a police baton when authorized by the police commissioner.
Why it matters
Expands legal authority for auxiliary police. By including Nassau County, the bill directly increases the number of auxiliary police who can legally possess police batons, potentially changing their operational readiness and perceived authority.
Places power with local leadership. The police commissioner of Nassau County would have the discretion to authorize baton possession, making local leadership responsible for both the decision and oversight of its use.
Maintains training and use-of-force safeguards. Auxiliary officers must receive training in baton use and deadly force law, aiming to ensure responsible and lawful use and potentially reducing risks of misuse or excessive force.
Aligns Nassau County with other large jurisdictions. The amendment puts Nassau County on equal footing with New York City and Suffolk County, which could impact regional policing practices and coordination during joint operations or emergencies.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Nassau County auxiliary police members
The bill would exempt their possession of specified police batons from Penal Law section 265.01 when authorized by the county police commissioner.
Nassau County police commissioner
The bill would allow the commissioner to authorize baton possession by regulation or order, with required training in defensive baton use and the legal use of deadly physical force.
People encountering Nassau County auxiliary police
The bill would extend baton possession authority while retaining the restriction against intentionally striking another person unless deadly physical force is legally authorized.
Headline styles
Allow Batons for Nassau Auxiliaries
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7076
2019-2020 Regular Sessions
IN ASSEMBLY
April 4, 2019
Introduced by M. of A. THIELE, McDONOUGH -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to allowing members of the Nassau County auxiliary police force to possess a police baton when authorized by the police commissioner of such county
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision b of section 265.20 of the penal law, as amended by chapter 75 of the laws of 1983 and as relettered by chapter 376 of the laws of 1995, is amended to read as follows:
b. Section 265.01 of this article shall not apply to possession of that type of billy commonly known as a "police baton" which is twentyfour to twenty-six inches in length and no more than one and one-quarter inches in thickness by members of an auxiliary police force of a city with a population in excess of one million persons [or], the county of Suffolk or the county of Nassau when duly authorized by regulation or order issued by the police commissioner of such city or such county respectively. Such regulations shall require training in the use of the police baton including but not limited to the defensive use of the baton and instruction in the legal use of deadly physical force pursuant to article thirty-five of this chapter. Notwithstanding the provisions of this section or any other provision of law, possession of such baton shall not be authorized when used intentionally to strike another person except in those situations when the use of deadly physical force is authorized by such article thirty-five.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10867-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.