assembly Bill A3361

2015-2016 Legislative Session

Establishes the crime of strangulation in the first degree; disregard of banned employment procedures

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jan 22, 2015 referred to codes

A3361 (ACTIVE) - Details

See Senate Version of this Bill:
S346
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §121.11, add §121.13-a, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10170, S7929
2017-2018: A1699, S4915
2019-2020: A6144, S6670

A3361 (ACTIVE) - Summary

Establishes the crime of strangulation in the first degree; disregard of banned employment procedures; provides that 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, and thereby causes serious physical injury or death to another person… (view more) makes such offense a class B felony; bans the use of a chokehold.

A3361 (ACTIVE) - Bill Text download pdf 

                    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