The New York State Senate

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

                                 6144--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2019
                               ___________

Introduced by M. of A. MOSLEY -- read once and referred to the Committee
  on  Codes  -- 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10132-03-9

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

                                 6144--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2019
                               ___________

Introduced  by  M.  of A. MOSLEY, REYES, BLAKE, OTIS, CARROLL, L. ROSEN-
  THAL, PICHARDO, EPSTEIN,  HUNTER,  NIOU,  SIMON,  RICHARDSON,  CRESPO,
  RODRIGUEZ,  LIFTON,  JOYNER,  SIMOTAS, BICHOTTE, GLICK, DAVILA, VANEL,
  ORTIZ -- read once and referred to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Codes in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.

                                                           LBD10132-06-0

A. 6144--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.