BILL NUMBER: S8586
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the executive law, in relation to prohibiting state or
local police from accepting military surplus equipment from the federal
government
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibiting state or local police from accepting mili-
tary surplus equipment from the federal government.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section One. Any law enforcement agency within this state shall be
prohibited from accepting military surplus equipment from the federal
government. For the purposes of this section, the term 'law enforcement
agency" shall include any member, officer, chief, or other employee of
the division of state police or of any local or municipal police depart-
ment.
Section 2. Effective Date
 
JUSTIFICATION:
George Floyd was killed May 25, 2020 in Minneapolis, Minnesota during an
arrest. Mr. Floyd, an African-American, died after being arrested by
Derek Chauvin, a white Minneapolis police officer, who kept his knee on
the side of Floyd's neck for 8 minutes and 46 seconds. Furthermore, 2
minutes and 53 seconds of that time occurred after Floyd became unre-
sponsive, according to the criminal complaint for murder against Chau-
vin. Three other police officers participated in the arrest. Three
police officers pinned the unarmed, handcuffed Floyd on the ground while
another officer stood nearby. This arrest was caught on video.
In the wake of the death of Lloyd George, the public is very concerned
with how police operate. Over the years, police departments across the
nation have participated in a federal program to distribute surplus
military equipment.
The 1033 Program authorizes the United States Department of Defense to
distribute military equipment and weapons to local police departments.
The program was created in 1990 for federal and state law enforcement
agencies during the height of the war on drugs. The program was expanded
to all law enforcement departments seven years later. Over $5.4 billion
in equipment have been sent to police since the program was established.
In a May 28, 2020 Washington Post op-ed, Philip McHarris, a PhD candi-
date in sociology and African American studies at Yale University,
wrote: "Tough-oncrime policies and militarized police departments have
paved the way for increased police contact and tragic violence.
,eReducing the capacity for police to engage in routine and militaristic
violence is the only way to break recurring cycles of police killings
and the militarized response that protests of them are often met. with.
This legislation would prohibiting state or local police from accepting
military surplus equipment from the federal government.
 
PRIOR LEGISLATIVE HISTORY:
2022 REFERRED TO SENATE CODES
2022 referred to assembly governmental operations
2021 SENATE THIRD READING
2021 referred to assembly governmental operations
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.