New York S 1095: Directs the New York state thruway authority to establish an electronic toll collection device for trucks used by farms, which grants a 10% discount for use of the thruway

Status: REFERRED TO TRANSPORTATION (as of 2020-01-08)

State: New York · Session: 2019-2020 · Bill: S 1095

Sponsors: AMEDORE

Bill Text

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S01095 Summary:

BILL NOS01095 

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SAME ASNo Same As

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SPONSORRAMOS

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COSPNSRCOMRIE, HOYLMAN-SIGAL, JACKSON, KRUEGER, RIVERA, SALAZAR, SEPULVEDA

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MLTSPNSR

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Amd §837, Exec L

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Creates a written policy prohibiting the use of sustained auditory dispersal tools by police agencies.

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BILL NOS01095 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01095 Committee&nbspVotes:

Go to topS01095 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01095 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1095

 2025-2026 Regular Sessions

 IN SENATE

 January 8, 2025
 ___________

 Introduced by Sens. RAMOS, COMRIE, HOYLMAN-SIGAL, JACKSON, KRUEGER,
 RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the executive law, in relation to creating a written
 policy on the use of sustained auditory dispersal tools

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 837 of the executive law is amended by adding a new
 2 subdivision 24 to read as follows:
 3 24. (a) Establish a written policy prohibiting police agencies from
 4 using sustained auditory dispersal tools.
 5 (b) For the purposes of this subdivision, the term "sustained auditory
 6 dispersal tool" shall mean any long range acoustic device, sonic weapon,
 7 sonic cannon, or any high powered sound magnifier, using piezoelectric
 8 transducer or other technology, to emit sustained tones, beeps, chirps,
 9 or any deterrent tone or other non-verbal communication at decibels
 10 shown to cause hearing loss or other dangerous effects for a sustained
 11 period. Any such tone or non-verbal communication over ninety decibels
 12 shall be considered presumptively unreasonable. The term "sustained
 13 auditory dispersal tool" shall not include any device designed to magni-
 14 fy information or orders via verbal communication at ninety decibels or
 15 below, and properly administered according to health and safety stand-
 16 ards, by properly trained personnel, provided, however, that such use of
 17 any such device as a deterrent and not as a mode of verbal communication
 18 shall cause such device to be a "sustained auditory dispersal tool".
 19 (c) (i) Any individual who has been subjected to a sustained auditory
 20 dispersal tool by a law enforcement officer in violation of this section
 21 or the written policy of the division of criminal justice services
 22 promulgated under this section may institute a civil action against the
 23 employing agency of such law enforcement officer for any of the follow-
 24 ing:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03227-01-5

 S. 1095 2

 1 (A) One thousand dollars per violation or actual damages, whichever is
 2 greater;
 3 (B) Punitive damages;
 4 (C) Injunctive or declaratory relief; and/or
 5 (D) Any other relief the court deems proper.
 6 (ii) In assessing the amount of punitive damages, the court shall
 7 consider:
 8 (A) The number of times the person was unlawfully subjected to a
 9 sustained auditory dispersal tool;
 10 (B) The decibel level used;
 11 (C) Medical complications resulting from the use of sustained auditory
 12 dispersal tool; and
 13 (D) The persistence of violations by the particular law enforcement
 14 agency and law enforcement officer.
 15 (iii) In any action brought under this section, the court may award
 16 reasonable attorneys' fees to a prevailing plaintiff.
 17 § 2. This act shall take effect immediately.

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