Senate Bill S1403A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1403
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law and the  labor  law,  in  relation  to
   enacting "Cariol's Law"
 
   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 "Cariol's law"
 or "duty to intervene".
   § 2. The executive law is amended by adding a  new  section  839-a  to
 read as follows:
   §  839-A.  EXCESSIVE  USE OF FORCE; DUTY TO INTERVENE. 1. DEFINITIONS.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "POLICE  OFFICER"  SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW;
   (B) "PEACE OFFICER" SHALL HAVE THE SAME MEANING  AS  PROVIDED  FOR  IN
 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW;
   (C) "USE OF FORCE" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (I) BRANDISHING, POINTING, USING OR DISCHARGING A FIREARM AT OR IN THE
 DIRECTION OF ANOTHER PERSON;
   (II)  USING  A CHOKEHOLD OR SIMILAR RESTRAINT THAT APPLIES PRESSURE TO
 THE THROAT OR WINDPIPE OF A PERSON IN A MANNER THAT MAY HINDER BREATHING
 OR REDUCE INTAKE OF AIR;
   (III) DISPLAYING, USING OR DEPLOYING A CHEMICAL AGENT, INCLUDING,  BUT
 NOT LIMITED TO, OLEORESIN CAPSICUM, PEPPER SPRAY OR TEAR GAS;
   (IV)  BRANDISHING, USING OR DEPLOYING AN IMPACT WEAPON, INCLUDING, BUT
 NOT LIMITED TO, A BATON OR BILLY CLUB;
   (V) BRANDISHING, USING OR  DEPLOYING  AN  ELECTRONIC  CONTROL  WEAPON,
 INCLUDING,  BUT  NOT  LIMITED  TO, AN ELECTRONIC STUN GUN, FLASH BOMB OR
 LONG-RANGE ACOUSTIC DEVICE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04222-01-5
 S. 1403                             2
              

 
   (VI) ENGAGING IN CONDUCT WHICH RESULTS IN THE DEATH OR SERIOUS  BODILY
 INJURY OF ANOTHER PERSON.
   (D)  "OBJECTIVELY  REASONABLE"  SHALL  MEAN A STANDARD USED TO JUDGE A
 POLICE OFFICER'S USE OF FORCE WHICH ARE REASONABLE BASED ON THE TOTALITY
 OF THE CIRCUMSTANCES KNOWN TO SUCH OFFICER AT THE TIME OF  SUCH  USE  OF
 FORCE;
   (E)  "PHYSICAL  INJURY" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN
 SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW; AND
   (F) "SERIOUS PHYSICAL INJURY" SHALL HAVE THE SAME MEANING AS  PROVIDED
 FOR IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW.
   2. DUTY TO INTERVENE. AN ON-DUTY POLICE OFFICER OR ON-DUTY PEACE OFFI-
 CER  WHO IS PRESENT AND OBSERVES ANOTHER POLICE OFFICER OR PEACE OFFICER
 USING PHYSICAL FORCE THAT SUCH OFFICER REASONABLY BELIEVES TO BE CLEARLY
 EXCESSIVE OR BEYOND THAT  WHICH  IS  OBJECTIVELY  REASONABLE  UNDER  THE
 CIRCUMSTANCES,  SHALL  BE  REQUIRED,  WHEN  SUCH OFFICER HAS A REALISTIC
 OPPORTUNITY TO DO SO SAFELY, TO INTERVENE TO PREVENT  THE  USE  OF  SUCH
 EXCESSIVE FORCE.
   3.  FAILURE  TO  INTERVENE.  (A) A POLICE OFFICER OR PEACE OFFICER WHO
 FAILS TO INTERVENE WHEN APPROPRIATE MAY:
   (I) BE HELD CRIMINALLY LIABLE FOR ANY OFFENSE UNDER THE PENAL LAW  FOR
 WHICH  FAILURE  TO INTERVENE SATISFIES EVERY ELEMENT OF SUCH OFFENSE, OR
 FOR ANY OFFENSE RESULTING FROM SUCH OFFICER'S FAILURE TO INTERVENE;
   (II) BE SUBJECT TO TERMINATION BY  SUCH  OFFICER'S  EMPLOYER  IF  SUCH
 OFFICER:
   (1) HAD A REALISTIC OPPORTUNITY TO INTERVENE SAFELY;
   (2)  ACTED  WHILE PURPORTING OR PRETENDING TO ACT WITHIN THE SCOPE AND
 PERFORMANCE OF THEIR OFFICIAL DUTIES; AND
   (3) DEPRIVED  AN  INDIVIDUAL  OF  RIGHTS,  PRIVILEGES,  OR  IMMUNITIES
 SECURED BY THE CONSTITUTION OR THE LAWS OF THE UNITED STATES.
   (III)  BE HELD CIVILLY LIABLE TO ANY AGGRIEVED PARTY WHEN SUCH OFFICER
 OBSERVES OR HAS REASON TO KNOW THAT:
   (1) EXCESSIVE FORCE IS BEING USED;
   (2) AN INDIVIDUAL HAS BEEN UNJUSTIFIABLY ARRESTED; OR
   (3) ANY CONSTITUTIONAL VIOLATION HAS BEEN COMMITTED BY A FELLOW  OFFI-
 CER.
   (B)  WHEN  A  POLICE OFFICER OR PEACE OFFICER FAILS TO INTERVENE IN AN
 INCIDENT WHICH RESULTS IN DEATH OR SERIOUS PHYSICAL INJURY,  SUCH  INCI-
 DENT SHALL BE REFERRED TO THE DISTRICT ATTORNEY.
   (C)  THE  COMMISSIONER SHALL AUTHORIZE AN INVESTIGATION OF ANY ALLEGA-
 TIONS OF A POLICE OFFICER'S FAILURE TO INTERVENE. SUCH  OFFICER  MAY  BE
 PLACED  ON ADMINISTRATIVE LEAVE DURING THE PERIOD OF SUCH INVESTIGATION.
 ANY FINAL DISCIPLINARY ACTION SHALL BE SUBJECT TO  ARBITRATION  PURSUANT
 TO ARTICLE SEVENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES.
   (D)  POLICE OFFICERS OR PEACE OFFICERS WHO FALSELY REPORT INCIDENTS OF
 INAPPROPRIATE OR EXCESSIVE USE OF FORCE BY A FELLOW  POLICE  OFFICER  OR
 PEACE  OFFICER  MAY BE SUBJECT TO CRIMINAL LIABILITY PURSUANT TO SECTION
 240.60 OF THE PENAL LAW.
   4. LIABILITY. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,
 ANY  POLICE OFFICER FOUND TO BE CIVILLY LIABLE FOR EXCESSIVE FORCE SHALL
 BE LIABLE FOR ANY JUDGMENTS MADE AGAINST THE MUNICIPALITY, STATE  AGENCY
 OR PUBLIC AUTHORITY IF SUCH JUDGMENT IS DIRECTLY CONNECTED TO SUCH OFFI-
 CER'S USE OF EXCESSIVE FORCE.
   5.  REPORTING.  UPON A POLICE OFFICER'S OR PEACE OFFICER'S OBSERVATION
 OF THE USE OF PHYSICAL FORCE BY ANOTHER POLICE OFFICER OR PEACE  OFFICER
 WHO  SUCH  OFFICER REASONABLY BELIEVES TO BE CLEARLY EXCESSIVE OR BEYOND
 THAT WHICH IS OBJECTIVELY REASONABLE UNDER THE CIRCUMSTANCES, SUCH OFFI-
 S. 1403                             3
 
 CER SHALL FILE A FORMAL COMPLAINT  WITH  THE  CHIEF  OF  SUCH  OFFICER'S
 DEPARTMENT.  REPORTING REQUIREMENTS SHALL APPLY WHETHER THE USE OF PHYS-
 ICAL FORCE OCCURRED WHILE THE OFFENDING  OFFICER  WAS  ON  OR  OFF-DUTY.
 FAILURE  TO  REPORT  SHALL  BE  GROUNDS FOR DISCIPLINE, INCLUDING TERMI-
 NATION.
   6. RETROACTIVE PROTECTION FOR INTERVENING OFFICERS. ANY POLICE OFFICER
 OR PEACE OFFICER TERMINATED FOR REPORTING THE USE OF PHYSICAL  FORCE  BY
 ANOTHER POLICE OFFICER WHO SUCH OFFICER REASONABLY BELIEVES TO BE CLEAR-
 LY  EXCESSIVE  OR  BEYOND THAT WHICH IS OBJECTIVELY REASONABLE UNDER THE
 CIRCUMSTANCES, WITHIN THE TWENTY YEAR PERIOD PRIOR TO THE EFFECTIVE DATE
 OF THIS SECTION, MAY HAVE SUCH TERMINATION REVIEWED.
   § 3. Subdivision 2 of section 740 of the  labor  law,  as  amended  by
 chapter 522 of the laws of 2021, is amended to read as follows:
   2.  Prohibitions.  An  employer  shall not take any retaliatory action
 against an employee, whether or not within the scope of  the  employee's
 job duties, because such employee does any of the following:
   (a) discloses, or threatens to disclose to a supervisor or to a public
 body  an  activity, policy or practice of the employer that the employee
 reasonably believes is in violation of law, rule or regulation  or  that
 the employee reasonably believes poses a substantial and specific danger
 to the public health or safety;
   (b)  provides  information  to,  or  testifies before, any public body
 conducting an investigation, hearing or inquiry into any such  activity,
 policy or practice by such employer; [or]
   (c) objects to, or refuses to participate in any such activity, policy
 or practice[.];
   (D)  IF  SUCH EMPLOYEE IS A POLICE OFFICER, AS SUCH TERM IS DEFINED IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,
 OBSERVES  ANY  POLICE OFFICER USING PHYSICAL FORCE AGAINST AN INDIVIDUAL
 THAT SUCH POLICE OFFICER REASONABLY BELIEVES TO BE CLEARLY EXCESSIVE  OR
 BEYOND  THAT WHICH IS OBJECTIVELY REASONABLE UNDER THE CIRCUMSTANCES AND
 SUCH POLICE OFFICER INTERVENES; OR
   (E)  IF  SUCH EMPLOYEE IS A PEACE OFFICER, AS SUCH TERM IS DEFINED  IN
 SECTION 2.10 OF THE CRIMINAL  PROCEDURE  LAW, OBSERVES  ANY  PEACE OFFI-
 CER  USING  PHYSICAL FORCE AGAINST AN INDIVIDUAL THAT SUCH PEACE OFFICER
 REASONABLY BELIEVES TO BE CLEARLY EXCESSIVE OR BEYOND  THAT    WHICH  IS
 OBJECTIVELY  REASONABLE  UNDER  THE CIRCUMSTANCES AND SUCH PEACE OFFICER
 INTERVENES.
   § 4. This act shall take effect immediately.