NY State Senate Bill S4915

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
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- Passed Senate
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to codes

Co-Sponsors

S4915 (ACTIVE) - Details

See Assembly Version of this Bill:: A1699
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
2015-2016: S346, A3361
2019-2020: S6670, A6144

S4915 (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.

S4915 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4915

 TITLE OF BILL :

An act to amend the penal law, in relation to establishing the crime
of strangulation in the first degree; disregard of banned employment
procedures

 PURPOSE OR GENERAL IDEA OF BILL :

Establishes penalties for the use of a chokehold.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the penal law, section 121.11. Provides that a
person who uses any procedure known as a chokehold shall be guilty of
criminal obstruction of breathing or blood circulation.

Section 2. Amends the penal law by adding a new section, 121.13-a.
Establishes the crime of strangulation in the first degree; disregard
of banned employment procedures. Provides that a person commits
strangulation in the first degree when he or she disregards any
procedure banned by his or her employment, commits the crime of
criminal obstruction of breathing or blood circulation as defined in
section 121.11 and causes serious physical injury or death to another
person. Strangulation in the first degree; disregard of banned

employment procedures shall be a class B felony.

Section 3. Effective Date

 EXISTING LAW :

Article 121 of the penal law establishes penalties for strangulation
and related offenses and creates the crimes of criminal obstruction
and strangulation, and strangulation in the first and second degrees.

 JUSTIFICATION :

In 1993, the New York City Police Department completely banned its
officers from using a procedure commonly referred to as a "chokehold."
According to the NY Daily News: "Members of the NYPD will NOT use
chokeholds," the NYPD patrol guide clearly states: "A chokehold shall
include, but is not limited to, any pressure to the throat or windpipe
which may prevent or hinder breathing to reduce intakes of air" (NYPD
patrol guide clearly states members cannot use chokeholds; New York
Daily News Barry Paddock Thomas Tracy; Friday, July 18, 2014).

Despite the ban, Bronx resident Anthony Baez died in 1994 as a result
of a chokehold. Baez's crime was throwing a football with some friends
and the football hit a cop's car. He was unarmed. The officer was
ultimately tried by a federal jury and convicted.

On Thursday, July 17, 2014, Eric Garner, who was also unarmed and
accused of selling loose cigarettes, was placed in a chokehold by an
officer of the NYPD. Despite Mr. Garner's audible pleas that he could
not breathe, the officers proceeded to put him in handcuffs. He died
later at the hospital. On Wednesday, December 3, 2014, a Staten Island
Grand Jury failed to bring an indictment against the officer who
placed Mr. Garner in the chokehold, despite the fact that the Medical
Examiner had previously ruled his death a homicide.

It is clear that the NYPD's ban on the use of chokeholds is not
sufficient to prevent police officers from using this method to
restrain individuals whom they are trying to arrest. Between 2009 and
2013, the Civilian Complaint Review Board substantiated nine
complaints by people who said they had been subjected to a chokehold.
Not only has this supposed ban not been enforced, there is evidence
that the penalties for using a chokehold have resulted in little more
than the loss of vacation time. (New York Times, J David Goodman, July
21, 2014).

It is obvious that the NYPD is either unable or unwilling to enforce
its own employee manual. The use of chokeholds has resulted in too
many deaths. Criminal sanctions must be established for those who
continue to disregard this banned procedure.

 PRIOR LEGISLATIVE HISTORY :

2016: S.346 -REFERRED TO CODES/A.3361 -referred to codes
2015: S.346 -REFERRED TO CODES/A.3361 - referred to
2014: S.7929 - Referred to Rules/A.10170 Referred to Codes

 FISCAL IMPLICATIONS :

None to state

 EFFECTIVE DATE :
Immediately

S4915 (ACTIVE) - Bill Text download pdf


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

                                  4915

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 3, 2017
                               ___________

Introduced  by  Sens.  DIAZ,  HAMILTON, PARKER -- 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:
§ 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.
  § 2. The penal law is amended by adding a new section 121.13-a to read
as follows:
§ 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.
  § 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD04022-01-7

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The New York State Senate

senate Bill S4915

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

S4915 (ACTIVE) - Details

S4915 (ACTIVE) - Summary

S4915 (ACTIVE) - Sponsor Memo

S4915 (ACTIVE) - Bill Text download pdf

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senate Bill S4915

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

Jesse Hamilton

Kevin S. Parker

S4915 (ACTIVE) - Details

S4915 (ACTIVE) - Summary

S4915 (ACTIVE) - Sponsor Memo

S4915 (ACTIVE) - Bill Text download pdf

Comments