Assembly Bill A2390

2021-2022 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A2390 (ACTIVE) - Details

See Senate Version of this Bill:
S2983
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§35.35 & 35.40, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9656, S6664
2023-2024: A1308, S7272

2021-A2390 (ACTIVE) - Summary

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

2021-A2390 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2390
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 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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