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Assembly Bill A10574

2019-2020 Legislative Session

Enacts the New York death by police brutality prevention act

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Archive: Last Bill Status - Stricken

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2019-A10574 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add §§120.19 & 120.19-a, amd §125.25, Pen L

2019-A10574 (ACTIVE) - Summary

Establishes the offenses of undue use of force by an officer in the second degree and undue use of force by an officer in the first degree relating to a police officer or peace officer intentionally using a maneuver to subdue a person which limits the ability of the person to breath including, but not limited to, restraining a person around the neck, using a choke hold, or putting his or her knee on the person's neck; includes a death resulting from the commission of undue use of force by an officer in the second degree or undue use of force by an officer in the first degree in the definition of murder in the second degree.

2019-A10574 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10574
 
                           I N  A S S E M B L Y
 
                               June 3, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  enacting  the  New  York
   death by police brutality prevention act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the  "New  York
 death by police brutality prevention act".
   §  2.  The  penal law is amended by adding two new sections 120.19 and
 120.19-a to read as follows:
 § 120.19 UNDUE USE OF FORCE BY AN OFFICER IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF UNDUE USE OF FORCE BY AN OFFICER IN  THE  SECOND
 DEGREE WHEN HE OR SHE:
   1. IS A POLICE OFFICER OR PEACE OFFICER; AND
   2.  HE  OR  SHE INTENTIONALLY USES A MANEUVER TO SUBDUE A PERSON WHICH
 LIMITS THE ABILITY OF THE PERSON TO BREATHE INCLUDING, BUT  NOT  LIMITED
 TO,  RESTRAINING  A  PERSON AROUND THE NECK, USING A CHOKE HOLD, PUTTING
 HIS OR HER KNEE ON THE PERSON'S NECK OR ACTING IN ANY OTHER MANNER WHICH
 INTERFERES WITH OR RESULTS  IN  THE  BLOCKING  OR  COMPROMISING  OF  THE
 PERSON'S AIRWAY.
   UNDUE  USE  OF  FORCE  BY AN OFFICER IN THE SECOND DEGREE IS A CLASS C
 FELONY.
 § 120.19-A UNDUE USE OF FORCE BY AN OFFICER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF UNDUE USE OF FORCE BY AN OFFICER  IN  THE  FIRST
 DEGREE WHEN HE OR SHE:
   1. IS A POLICE OFFICER OR PEACE OFFICER; AND
   2.  HE  OR  SHE INTENTIONALLY USES A MANEUVER TO SUBDUE A PERSON WHICH
 LIMITS THE ABILITY OF THE PERSON TO BREATHE INCLUDING, BUT  NOT  LIMITED
 TO,  RESTRAINING  A  PERSON AROUND THE NECK, USING A CHOKE HOLD, PUTTING
 HIS OR HER KNEE ON THE PERSON'S NECK OR ACTING IN ANY OTHER MANNER WHICH
 INTERFERES WITH OR RESULTS  IN  THE  BLOCKING  OR  COMPROMISING  OF  THE
 PERSON'S AIRWAY; AND
   3. HE OR SHE CAUSES SUCH PERSON TO SUFFER SERIOUS PHYSICAL INJURY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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