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Legislative Memo

BILL:

A.7048-B (Ramos) / S.3061-A (Flanagan)

  Support

SUBJECT:

Possession of billies or blackjacks by person employed in fulfilling certain contracts

 

DATE:

May 5, 2003

 

Under current law, any person who transports or ships billies or blackjacks as merchandise through New York State is guilty of a class A misdemeanor. However, an exemption exists for businesses employed in fulfilling defense contracts with the United States government, or agencies thereof, to allow for the possession of these items. The exemption also applies to the right to transport these items under the requirements of such a contract.

The legislation being proposed, A.7048-B/S.3061-A would expand the exemption to include persons employed in fulfilling contracts with the State of New York, other U.S. states and foreign governments. The proposed legislation would add a new subdivision c to section 265.20 of the Penal Law to create an exemption allowing for the possession or transport of billies and blackjacks by individuals while employed in fulfilling contracts with New York state, its subdivision or agencies, and the other state governments and foreign countries. Under current law, the owners and employees of a company that manufacture or transport billies or blackjacks in New York state would be in violation of the penal law.

The Business Council believes this technical oversight was inadvertently created at the time of enactment. The Business Council further believes it was not the intention of the legislature to harm New York state businesses that manufacture and ship billies or blackjacks for distribution and sale to state and federal agencies.

For these reasons, The Business Council strongly supports and encourages passage of this legislation.