NY State Senate Bill S6670B

Archive: Last Bill Status Via A6144 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2020	approval memo.1 signed chap.94
Jun 11, 2020	delivered to governor
Jun 08, 2020	returned to assembly passed senate 3rd reading cal.693 substituted for s6670b
Jun 08, 2020	substituted by a6144b ordered to third reading cal.693 reported and committed to rules
Jun 05, 2020	print number 6670b
Jun 05, 2020	amend (t) and recommit to codes
Jan 08, 2020	referred to codes
Oct 04, 2019	print number 6670a
Oct 04, 2019	amend and recommit to rules
Aug 26, 2019	referred to rules

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S6670 - Details

See Assembly Version of this Bill:: A6144
Law Section:: Penal Law
Laws Affected:: Add §121.13-a, amd §§121.14 & 70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7929, A10170
2015-2016: S346, A3361
2017-2018: S4915, A1699

S6670 - Summary

Establishes the crime of aggravated strangulation for police officers or peace officers where such officer commits the crime of criminal obstruction or breathing or blood circulation, or uses a chokehold or similar restraint, and causes serious physical injury or death.

S6670 - Sponsor Memo

 
BILL NUMBER: S6670

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing the crime of strangulation in the first degree; disregard of
banned employment procedures

 
PURPOSE:

Establishes criminal penalties for the use of a chokehold.

 
SUMMARY OF 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 strangula-
tion 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 s ection 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 offi-
cers 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 a n
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.

It is clear that the NYPD's ban on the use of chokeholds is not suffi-
cient 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.

 
LEGISLATIVE HISTORY:

2017-18: A.1699; referred to codes
2015-16: A3361; Referred to Codes / S346; Referred to Codes
2014: A10170; Referred to Codes / S7929; Referred to Rules

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6670 - Bill Text download pdf


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

                                  6670

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             August 26, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.

                                                           LBD10132-01-9

Co-Sponsors

view additional co-sponsors

S6670A - Details

See Assembly Version of this Bill:: A6144
Law Section:: Penal Law
Laws Affected:: Add §121.13-a, amd §§121.14 & 70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7929, A10170
2015-2016: S346, A3361
2017-2018: S4915, A1699

S6670A - Summary

S6670A - Sponsor Memo

 
BILL NUMBER: S6670A

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing the crime of strangulation in the first degree; disregard of
banned employment procedures

 
PURPOSE:

Establishes criminal penalties for the use of a chokehold.

 
SUMMARY OF PROVISIONS:

Section 1. Sets the act as the "Eric Garner anti-chokehold act."

Section 2. 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 3. 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 strangula-
tion 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 4. 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 offi-
cers 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.

It is clear that the NYPD's ban on the use of chokeholds is not suffi-
cient 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.

 
LEGISLATIVE HISTORY:

2017-18: A.1699; referred to codes
2015-16: A3361; Referred to Codes / S346; Referred to Codes
2014: A10170; Referred to Codes / S7929; Referred to Rules

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6670A - Bill Text download pdf


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

                                 6670--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             August 26, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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. Short title. This act shall be known and may  be  cited  as
the "Eric Garner anti-chokehold act".
  §  2.  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.
  § 3. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10132-02-9

S. 6670--A                          2

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.
  § 4. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S6670B (ACTIVE) - Details

See Assembly Version of this Bill:: A6144
Law Section:: Penal Law
Laws Affected:: Add §121.13-a, amd §§121.14 & 70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7929, A10170
2015-2016: S346, A3361
2017-2018: S4915, A1699

S6670B (ACTIVE) - Summary

S6670B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6670b

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
aggravated strangulation

 
PURPOSE:

Establishes criminal penalties for the use of a chokehold.

 
SUMMARY OF PROVISIONS:

Section 1. Identifies the act as the "Eric Garner anti-chokehold act."

Section 2. Amends the penal law by adding a new section, 121.13-a.
Aggravated Strangulation. Provides that a person commits aggravated
strangulation when he or she, being a police officer, 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. This offense shall be a class C felony.

Section 3. Includes this offense as a violent felony.

Section 4. Effective Date

 
JUSTIFICATION:

In 1993, the New York City Police Department completely banned its offi-
cers from using a procedure commonly referred to as a "chokehold."
According to the NY Daily News: "Members of the NYPD will NOT.
Usechokeholds," 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.

It is clear that the NYPD's ban on the use of chokeholds is not suffi-
cient 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.

This bill does not bar any affirmative defenses or justifications for
the use of force in making an arrest or in preventing an escape as
outlined in Section 35.30 of the Penal Law.

 
LEGISLATIVE HISTORY:
2017-18: A.1699; referred to codes
2015-16: A3361; Referred to Codes / S346; Referred to Codes
2014: A10170; Referred to Codes / S7929; Referred to Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6670B (ACTIVE) - Bill Text download pdf


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

                                 6670--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             August 26, 2019
                               ___________

Introduced  by  Sens.  BENJAMIN,  BRESLIN, CARLUCCI, GOUNARDES, HOYLMAN,
  JACKSON, KAVANAGH, LIU, SALAZAR, SANDERS, SEPULVEDA -- read twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Rules -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT to amend the penal law, in relation to establishing the crime of
  aggravated strangulation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "Eric Garner anti-chokehold act".
  § 2. The penal law is amended by adding a new section 121.13-a to read
as follows:
§ 121.13-A AGGRAVATED STRANGULATION.
  A PERSON IS GUILTY OF AGGRAVATED STRANGULATION WHEN,  BEING  A  POLICE
OFFICER  AS  DEFINED  IN  SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SECTION 2.10  OF
THE  CRIMINAL  PROCEDURE  LAW,  HE  OR SHE COMMITS THE CRIME OF CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION,  AS  DEFINED  IN  SECTION
121.11  OF  THIS  ARTICLE,  OR USES A CHOKEHOLD OR SIMILAR RESTRAINT, AS
DESCRIBED IN PARAGRAPH B OF SUBDIVISION ONE  OF  SECTION  EIGHT  HUNDRED
THIRTY-SEVEN-T OF THE EXECUTIVE LAW, AND THEREBY CAUSES SERIOUS PHYSICAL
INJURY OR DEATH TO ANOTHER PERSON.
  AGGRAVATED STRANGULATION IS A CLASS C FELONY.
  §  3.  Section 121.14 of the penal law, as added by chapter 405 of the
laws of 2010, is amended to read as follows:
§ 121.14 Medical or dental purpose.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10132-07-0

S. 6670--B                          2

  For purposes of [sections] SECTION 121.11,  121.12  [and],  121.13  OR
121.13-A  of  this  article, it shall be an affirmative defense that the
defendant performed such conduct for a valid medical or dental purpose.
  § 4. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  476 of the laws of 2018, is amended to read as
follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, firefighter or emer-
gency medical  services  professional  as  defined  in  section  120.08,
assault  on  a  judge  as defined in section 120.09, gang assault in the
second degree as defined in section 120.06, strangulation in  the  first
degree as defined in section 121.13, AGGRAVATED STRANGULATION AS DEFINED
IN SECTION 121.13-A, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal  possession  of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second  degree  as  defined  in
section  265.08,  criminal  sale  of  a  firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, aggravated criminal possession of a
weapon as defined in section 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  § 5. This act shall take effect immediately.

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The New York State Senate

senate Bill S6670B

Sponsored By

Archive: Last Bill Status Via A6144 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2020 - floor Vote

Floor Vote: Jun 8, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

Bill Amendments

S6670 - Details

S6670 - Summary

S6670 - Sponsor Memo

S6670 - Bill Text download pdf

Co-Sponsors

S6670A - Details

S6670A - Summary

S6670A - Sponsor Memo

S6670A - Bill Text download pdf

Co-Sponsors

S6670B (ACTIVE) - Details

S6670B (ACTIVE) - Summary

S6670B (ACTIVE) - Sponsor Memo

S6670B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6670B

Share this bill

Sponsored By

Archive: Last Bill Status Via A6144 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2020 - floor Vote

Floor Vote: Jun 8, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

Bill Amendments

S6670 - Details

S6670 - Summary

S6670 - Sponsor Memo

S6670 - Bill Text download pdf

Co-Sponsors

S6670A - Details

S6670A - Summary

S6670A - Sponsor Memo

S6670A - Bill Text download pdf

Co-Sponsors

S6670B (ACTIVE) - Details

S6670B (ACTIVE) - Summary

S6670B (ACTIVE) - Sponsor Memo

S6670B (ACTIVE) - Bill Text download pdf

Comments