senate Bill S6615

2021-2022 Legislative Session

Relates to justifying the use of force by police officers and peace officers and to the excessive use of police force

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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
May 10, 2021 referred to codes

Co-Sponsors

S6615 (ACTIVE) - Details

See Assembly Version of this Bill:
A7835
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §35.30, add §§120.75, 120.76 & 120.77, Pen L

S6615 (ACTIVE) - Summary

Relates to justifying the use of force by police officers and peace officers and to the excessive use of police force.

S6615 (ACTIVE) - Sponsor Memo

S6615 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6615
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER  -- (at request of the Attorney General) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to justifying the use of
   force by police officers and peace officers and to the  excessive  use
   of police force

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 35.30 of the penal law, as added by chapter  73  of
 the laws of 1968, the opening paragraph of subdivision 1, subdivisions 2
 and  3,  the  opening  paragraph  and paragraph (a) of subdivision 4 and
 subdivision 5 as amended by chapter 511 of the laws of  2004,  paragraph
 (c)  of subdivision 1 as amended by chapter 843 of the laws of 1980, and
 paragraph (b) of subdivision 4 as amended by chapter 264 of the laws  of
 2003, is amended to read as follows:
 § 35.30 Justification;  use  of physical force in making an arrest or in
           preventing an escape.
   1. A police officer or a peace officer, in the course of effecting  or
 attempting  to  effect an arrest THAT THE OFFICER REASONABLY BELIEVES IS
 LAWFUL, or of preventing or attempting to prevent the escape from custo-
 dy, of a person whom he or she reasonably believes to have committed  an
 offense, may use physical force when and to the extent he or she reason-
 ably  believes  such to be necessary to effect the arrest, or to prevent
 the escape from custody, or in self-defense or to defend a third  person
 from what he or she reasonably believes to be the use or imminent use of
 physical  force;  except that deadly physical force may be used for such
 purposes only when he or she reasonably believes that:
   (a) [The offense committed by such person was:
   (i) a felony or an attempt to commit a felony  involving  the  use  or
 attempted  use  or  threatened  imminent use of physical force against a
 person; or

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

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