Assembly Bill A7193

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7193
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2025
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the penal law, in relation to justification for the  use
   of deadly physical force by a police or peace officer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  This act shall be known and may be cited as the "New  York
 police use of deadly force restraint act".
   §  2.    Subdivision  1 of section 35.30 of the penal law, as added by
 chapter 73 of the laws of 1968, the  opening  paragraph  as  amended  by
 chapter 511 of the laws of 2004, and paragraph (c) as amended by chapter
 843  of  the laws of 1980, is amended and a new subdivision 1-a is added
 to read as follows:
   1. A police officer or a peace officer, in the course of effecting  or
 attempting  to  effect  an  arrest,  or  of  preventing or attempting to
 prevent the escape from custody, of a person whom [he or she] SUCH OFFI-
 CER reasonably believes to have committed an offense, may  use  physical
 force  when  and  to  the  extent  [he  or  she] SUCH OFFICER reasonably
 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] SUCH OFFICER reasonably believes to be the use or immi-
 nent  use  of  physical  force; except that deadly physical force may be
 used for such purposes only when [he or  she]  SUCH  OFFICER  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
   (ii)  kidnapping,  arson,  escape in the first degree, burglary in the
 first degree or any attempt to  commit  such  a  crime]  A  FELONY  THAT
 THREATENED OR RESULTED IN DEATH OR SERIOUS BODILY INJURY, IF THE OFFICER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07943-01-5
              

 A. 7193                             2
 
 REASONABLY  BELIEVES  THAT THE PERSON WILL CAUSE DEATH OR SERIOUS BODILY
 INJURY TO ANOTHER PERSON UNLESS IMMEDIATELY APPREHENDED. WHERE FEASIBLE,
 A  POLICE OFFICER OR PEACE OFFICER SHALL, PRIOR TO  THE  USE  OF  FORCE,
 MAKE  REASONABLE  EFFORTS  TO IDENTIFY THEMSELVES AS A POLICE OFFICER OR
 PEACE OFFICER AND TO WARN THAT DEADLY FORCE  MAY  BE  USED,  UNLESS  THE
 OFFICER  HAS  OBJECTIVELY  REASONABLE  GROUNDS TO BELIEVE SUCH PERSON IS
 AWARE OF THOSE FACTS; or
   (b) [The offense committed or attempted by such person  was  a  felony
 and  that,  in  the course of resisting arrest therefor or attempting to
 escape from custody, such person is armed with a firearm or deadly weap-
 on; or
   (c)] Regardless of the particular offense which is the subject of  the
 arrest  or  attempted escape, the use of deadly physical force is neces-
 sary to defend the police officer or peace  officer  or  another  person
 from  what the officer reasonably believes to be the use or imminent use
 of deadly physical force.
   1-A. A POLICE OFFICER OR PEACE OFFICER  SHALL  NOT  USE  DEADLY  FORCE
 AGAINST  A  PERSON  BASED  ON  THE DANGER THAT SUCH PERSON POSES TO SUCH
 OFFICER, IF AN OBJECTIVELY REASONABLE OFFICER WOULD BELIEVE  THE  PERSON
 DOES  NOT  POSE  AN IMMINENT THREAT OF DEATH OR SERIOUS BODILY INJURY TO
 THE POLICE OFFICER, PEACE OFFICER OR TO ANOTHER PERSON.
   § 3. This act shall take effect immediately.