S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7810
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 5, 2013
                                      ___________
       Introduced  by  M.  of  A.  SIMANOWITZ  -- 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11356-01-3