What's happening
This bill prohibits law enforcement and state police in New York from using tear gas, but allows continued use of pepper spray.
Why it matters
This bill creates a clear legal distinction between tear gas and pepper spray. , explicitly banning only tear gas while still permitting law enforcement to use pepper spray, which may influence how police respond to protests or crowd control situations.
It provides individuals with a legal pathway to challenge violations. , allowing people who believe officers have used tear gas unlawfully to seek court orders to stop its use or obtain formal declarations of misconduct, potentially increasing police accountability.
The prohibition covers all police agencies and state police in New York. , ensuring that no law enforcement personnel—local or state—can legally use tear gas in any situation, which could alter standard law enforcement protocols.
By defining “tear gas” broadly (liquid, gas, or solid forms). but excluding pepper spray, the bill may affect the types of chemical agents police departments purchase and deploy, potentially reducing the use of more severe crowd-dispersal tools.
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
Headline styles
Ban Police Tear Gas
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8514
IN SENATE
June 6, 2020
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to prohibiting the use of tear gas by law enforcement personnel
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph c of subdivision 1 of section 837-t of the executive law, as added by section 1 of part RR of chapter 55 of the laws of 2019, is amended to read as follows:
c. displays, uses or deploys a chemical agent, including, but not limited to, oleoresin capsicum[,] or pepper spray [or tear gas]; or
§ 2. The executive law is amended by adding a new section 837-v to read as follows:
§ 837-v. Use of tear gas prohibited. 1. For the purposes of this section, "tear gas" shall mean any liquid, gaseous, or solid substance intended to produce temporary physical discomfort or permanent injury to a human being through being vaporized or otherwise dispersed in the air, provided that "tear gas" shall not include pepper spray.
2. No police agency, police officer or peace officer shall use tear gas in the performance of their duties.
3. In addition to any other sanctions, penalties or remedies provided by law, a person may bring an action for equitable or declaratory relief in a court of competent jurisdiction against a police agency, police officer or peace officer that violates this section.
§ 3. The executive law is amended by adding a new section 234 to read as follows:
§ 234. Use of tear gas prohibited. 1. For the purposes of this section, "tear gas" shall mean any liquid, gaseous, or solid substance intended to produce temporary physical discomfort or permanent injury to a human being through being vaporized or otherwise dispersed in the air, provided that "tear gas" shall not include pepper spray.
2. No member of the state police shall use tear gas in the performance of their duties.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16598-01-0
S. 8514 2
3. In addition to any other sanctions, penalties or remedies provided by law, a person may bring an action for equitable or declaratory relief in a court of competent jurisdiction against a member of the state police that violates this section.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to prohibiting the use of tear gas by law enforcement personnel
Summary of provisions
This bill would prohibit law enforcement officers from using tear gas in the performance of their duties.
Justification
The use of tear gas in warfare is banned by the Geneva Convention, yet its use by domestic American law enforcement is commonplace. During recent demonstrations against police brutality, there have been numerous examples of law enforcement officers using tear gas to dispel peaceful protests, without any public safety justification for doing so.
The Centers for Disease Control and Prevention (CDC) notes that tear gas especially affects the eyes, nose, mouth, lungs, and skin, and can cause tearing, burning, swelling, a runny nose, irritation, difficulty swal- lowing, coughing, choking, shortness of breath, burns, rash, nausea, and vomiting. The CDC also states that long term exposure or exposure to a large dose, especially in a closed setting, can cause blindness, glauco- ma, and even death resulting from severe chemical burns to the throat and lungs and/or respiratory failure. Tear gas is an indiscriminate weapon designed to cause pain and discomfort to all nearby individuals. The use of tear gas on crowds is dangerous, especially as New York is still just beginning to recover from being the epicenter of a global pandemic.
In fact, infectious disease specialists have urged law enforcement to stop using tear gas during the pandemic, as causing people to tear up, cough, sneeze, and choke makes COVID-19 more likely to spread. The long-term damage that tear gas can cause to people's lungs can also make them more susceptible to the effects of the virus. Rather than use weapons that target crowds indiscriminately, police should rely on de-escalation tactics to calm situations and encourage non-violent protest. This bill would ban the use of tear gas by law enforcement in order to protect the health of the public.
Prior legislative history
New bill
Fiscal implications for state and local governments
None
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.