senate Bill S6670B

Signed By Governor
2019-2020 Legislative Session

Establishes the crime of aggravated strangulation

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Sponsored By

Current 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

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

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.

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

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.

S6670A - Sponsor Memo

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

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

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.

S6670B (ACTIVE) - Sponsor Memo

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

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