A 3613: Provides that no law enforcement agency shall use a chemical incapacitant except for pepper spray; defines terms.

  
  STATE OF NEW YORK ________________________________________________________________________ 3613 2025-2026 Regular Sessions  IN ASSEMBLY January 29, 2025 ___________ Introduced by M. of A. SIMON, JACKSON, FORREST, ZINERMAN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to prohibiting the use of certain chemical incapacitants by law enforcement agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 837-y 2 to read as follows: 3 § 837-y. Prohibit use of chemical incapacitants. 1. No law enforcement 4 agency shall use any chemical incapacitant, except for pepper spray. 5 Pepper spray shall be limited to liquid spray canisters of a volume no 6 greater than 0.75 ounces, and shall not be used for crowd control 7 purposes. 8 2. For the purposes of this section, the following terms shall have 9 the following meanings: 10 (a) "Law enforcement agency" means any agency which is empowered by 11 law to conduct an investigation or to make an arrest for a felony, and 12 any agency which is authorized by law to prosecute or participate in the 13 prosecution of a felony. 14 (b) "Chemical incapacitant" means the following, together or separate- 15 ly: 16 (i) Toxic chemicals and their precursors, except where intended for 17 purposes not prohibited under this section, as long as the types and 18 quantities are consistent with such purposes; 19 (ii) Munitions and devices, specifically designed to cause temporary 20 pain, temporary irritation, temporary disruption of vital processes, 21 temporary incapacitation, temporary disability, or permanent harm 22 through the toxic properties of those toxic chemicals specified in 23 subparagraph (i) of this paragraph, which would be released as a result 24 of the employment of such munitions and devices; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06363-01-5 
 A. 3613 2 1 (iii) Any equipment specifically designed for use directly in 2 connection with the employment of munitions and devices specified in 3 subparagraph (ii) of this paragraph. 4 (c) "Toxic chemical" means any chemical which through its chemical 5 action on biological processes can cause death, temporary pain, tempo- 6 rary irritation, temporary disruption of vital processes, temporary 7 incapacitation, temporary disability, or permanent harm to humans or 8 animals. This includes all such chemicals, regardless of their origin or 9 of their method of production, and regardless of whether they are 10 produced in facilities, in munitions or elsewhere. 11 (d) "Precursor" means any chemical reactant which takes part at any 12 stage in the production by whatever method of a toxic chemical. This 13 includes any key component of a binary or multicomponent chemical 14 system. 15 (e) "Key component of binary or multicomponent chemical systems" 16 (hereinafter referred to as "key component") means: the precursor which 17 plays the most important role in determining the toxic properties of the 18 final product and reacts rapidly with other chemicals in the binary or 19 multicomponent system. 20 § 2. This act shall take effect immediately.