S T A T E O F N E W Y O R K
________________________________________________________________________
3361
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
___________
Introduced by M. of A. MOSLEY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
strangulation in the first degree; disregard of banned employment
procedures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 121.11 of the penal law, as added by chapter 405 of
the laws of 2010, is amended to read as follows:
S 121.11 Criminal obstruction of breathing or blood circulation.
A person is guilty of criminal obstruction of breathing or blood
circulation when, with intent to impede the normal breathing or circu-
lation of the blood of another person, he or she:
a. applies pressure on the throat or neck of such person; or
b. blocks the nose or mouth of such person; OR
C. USES ANY PROCEDURE KNOWN AS A CHOKEHOLD.
Criminal obstruction of breathing or blood circulation is a class A
misdemeanor.
S 2. The penal law is amended by adding a new section 121.13-a to read
as follows:
S 121.13-A STRANGULATION IN THE FIRST DEGREE; DISREGARD OF BANNED
EMPLOYMENT PROCEDURES.
A PERSON IS GUILTY OF STRANGULATION IN THE FIRST DEGREE; DISREGARD OF
BANNED EMPLOYMENT PROCEDURES WHEN HE OR SHE DISREGARDS ANY PROCEDURES
BANNED BY HIS OR HER EMPLOYMENT AND COMMITS THE CRIME OF CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTION
121.11 OF THIS ARTICLE, AND THEREBY CAUSES SERIOUS PHYSICAL INJURY OR
DEATH TO ANOTHER PERSON.
STRANGULATION IN THE FIRST DEGREE; DISREGARD OF BANNED EMPLOYMENT
PROCEDURES IS A CLASS B FELONY.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01593-01-5