|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to codes|
|Aug 21, 2019||referred to rules|
senate Bill S6664
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6664 (ACTIVE) - Details
S6664 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6664 SPONSOR: PARKER TITLE OF BILL: An act to amend the penal law, in relation to the justification for the use of force in a homicide by a peace officer or police officer PURPOSE OR GENERAL IDEA OF BILL: in relation to the justification for the use of force in a homicide by a peace officer or police officer SUMMARY OF SPECIFIC PROVISIONS: Section 1. The penal law is amended by adding two new sections 35.35 and 35.40 Section 2. Effective Date JUSTIFICATION:
S6664 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6664 2019-2020 Regular Sessions I N S E N A T E August 21, 2019 ___________ Introduced by Sen. PARKER -- 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 the justification for the use of force in a homicide by a peace officer or police officer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding two new sections 35.35 and 35.40 to read as follows: § 35.35 JUSTIFICATION; USE OF FORCE BY A PEACE OFFICER OR POLICE OFFI- CER. HOMICIDE IS JUSTIFIABLE WHEN COMMITTED BY A PEACE OFFICER OR POLICE OFFICER AND THOSE ACTING BY THEIR COMMAND IN THEIR AID AND ASSISTANCE, UNDER EITHER OF THE FOLLOWING CIRCUMSTANCES: 1. IN OBEDIENCE TO ANY JUDGMENT OF A COMPETENT COURT; OR 2. WHEN THE HOMICIDE RESULTS FROM A PEACE OFFICER'S OR POLICE OFFI- CER'S USE OF FORCE THAT IS IN COMPLIANCE WITH SECTION 35.40 OF THIS ARTICLE. § 35.40 JUSTIFICATION; USE OF FORCE BY A PEACE OFFICER OR POLICE OFFICER REQUIREMENTS. 1. THE LEGISLATURE FINDS AND DECLARES ALL OF THE FOLLOWING: (A) THAT THE AUTHORITY TO USE PHYSICAL FORCE, CONFERRED ON PEACE OFFI- CERS OR POLICE OFFICERS BY THIS SECTION, IS A SERIOUS RESPONSIBILITY THAT SHALL BE EXERCISED JUDICIOUSLY AND WITH RESPECT FOR HUMAN RIGHTS AND DIGNITY AND FOR THE SANCTITY OF EVERY HUMAN LIFE. THE LEGISLATURE FURTHER FINDS AND DECLARES THAT EVERY PERSON HAS A RIGHT TO BE FREE FROM EXCESSIVE USE OF FORCE BY OFFICERS ACTING UNDER COLOR OF LAW. (B) AS SET FORTH IN THIS SECTION, IT IS THE INTENT OF THE LEGISLATURE THAT PEACE OFFICERS OR POLICE OFFICERS USE DEADLY FORCE ONLY WHEN NECES- SARY IN DEFENSE OF HUMAN LIFE. IN DETERMINING WHETHER DEADLY FORCE IS NECESSARY, OFFICERS SHALL EVALUATE EACH SITUATION IN LIGHT OF THE PARTICULAR CIRCUMSTANCES OF EACH CASE AND SHALL USE OTHER AVAILABLE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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