senate Bill S346

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 07, 2015 referred to codes

Co-Sponsors

S346 (ACTIVE) - Details

See Assembly Version of this Bill:
A3361
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §121.11, add §121.13-a, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7929, A10170
2017-2018: S4915, A1699
2019-2020: S6670, A6144

S346 (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.

S346 (ACTIVE) - Sponsor Memo

S346 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   346

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed 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

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