What's happening
This bill allows Nassau County auxiliary police, when authorized, to possess police batons under specific regulations and training requirements.
Why it matters
Extends authority to Nassau County auxiliary police. , granting them the same powers as New York City and Suffolk County auxiliary police regarding police batons—potentially impacting how auxiliary police support law enforcement in Nassau County.
Mandates specific training and regulations. , ensuring that auxiliary officers must be trained in both defensive baton use and the legal standards for deadly force, which may affect recruitment, preparedness, and public safety outcomes.
Strictly limits use of batons to deadly force situations. , maintaining legal boundaries so that batons cannot be used to strike unless deadly physical force is otherwise justified under New York law, which could influence accountability and liability for auxiliary police actions.
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Who cares
Headline styles
Auxiliary Police Can Carry Batons
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4061
2019-2020 Regular Sessions
IN SENATE
February 26, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed 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.
LBD01721-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To allow Nassau County auxiliary police officers, with the permission of the police commissioner, to carry police batons.
Summary of specific provisions
Section 1 amends subdivision b of section 265.20 of the penal law to allow Nassau County auxiliary police officers to carry police batons with the authorization of the county's police commissioner. Section 2 sets the effective date.
Justification
Under current law, the Nassau County Police Department lacks the author- ity to equip its auxiliary police officers with police batons, which allow officers to defend themselves in dangerous situations. Auxiliary officers serve as the "eyes and ears" of the Nassau County Police Department, aiding police officers in enhancing the safety of the Coun- ty's communities, and should be equipped with the necessary tools and resources to that end.
Currently, state law affords Suffolk County and New York City Auxiliary Police Officers the authority to carry batons while on patrol, but not Nassau. The provisions of this bill will permit Nassau County Auxiliary police officers, pursuant to the approval of the police commissioner, to carry police batons as well.
Prior legislative history
S.8268 (Golden)/A.10368 (McDonough) of 2017-2018: Died in Codes
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.