senate Bill S6664

2019-2020 Legislative Session

Relates to the justification for the use of force in a homicide by a peace officer or police officer

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 21, 2019 referred to rules

S6664 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §§35.35 & 35.40, Pen L

S6664 (ACTIVE) - Summary

Relates to the justification for the use of force in a homicide by a peace officer or police officer.

S6664 (ACTIVE) - Sponsor Memo

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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