BILL NUMBER: S4002A

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting the use of
chemical agents by police officers against minors

 
PURPOSE:

The purpose of this bill is to prohibit the usage of chemical agents by
police officers against minors, including, but not limited to, oleoresin
capsicum, pepper spray and tear gas.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph (d) of subdivision 4 of section 840 of the
executive law to amend the model law enforcement use of force policy and
every use of force policy established, to prohibit the use of any chemi-
cal agent, including, but not limited to, oleoresin capsicum, pepper
spray and tear gas against any minor under the age of eighteen.
              

 
JUSTIFICATION:

This bill prohibits the usage of chemical agents by police officers
against minors. On January 29, 2021, the Rochester Police Department
used pepper spray on a nine year old girl in attempts to restrain her
and place her in the back of a police vehicle. This young girl, as seen
on body cam footage, is overwhelmed, stressed, and calling out for her
parents. She obviously presented no threat or harm to the officers, yet
was pepper sprayed for not putting her feet in the police vehicle. Lack
of adequate policies and training, supervision, and accountability
systems likely contribute to over-reliance on physical force and chemi-
cal agents. We must protect our children from the harmful effects of
chemical agents by clearly prohibiting their usage on minors.

The usage of chemical agents on minors by police officers is unjustified
and should not have a legal backing in New York State.  This bill aims
to clearly prohibit the use of chemical agents by police officers on
minors under the age of eighteen, and prevent what has happened in
Rochester from happening again in the state.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.