Limits the circumstances which justify the use of deadly force by a police officer or peace officer to instances when the person committed a felony that threatened or resulted in death or serious bodily injury and the officer reasonably believes that the person will cause death or serious bodily injury to another person unless immediately apprehended.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7193
SPONSOR: Chandler-Waterman TITLE OF BILL:
An act to amend the penal law, in relation to justification for the use
of deadly physical force by a police or peace officer
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the penal law, in relation to justification for the use
of deadly physical force by a police or peace officer
SUMMARY OF PROVISIONS:
1-a to § 35.30 of the penal law to limit when a police or peace officer
may use deadly physical force in attempting to arrest a suspect or
preventing their escape from custody to instances when the person
committed a felony that threatened or resulted in death or serious bodi-
ly injury and the officer reasonably believes that the person will cause
death Or Serious-bodily injury to another person unless immediately
apprehended. This section also requires that prior using deadly force
that the officer, when feasible, make a reasonable effort to identify
himself or herself as a police or peace officer and to warn that deadly
force may be used, unless the officer has objectively reasonable grounds
to believe that the person is aware of those facts. This section retains
the provision which provides that regardless of the offense, an officer
may use deadly force when acting in self-defense or in the defense of
another individual from what the officer reasonably believes to be the
use or imminent use of deadly physical force. Finally, this section
precludes an officer from using deadly force against a person if the
person only poses a danger to themselves and does not pose an imminent
threat of death or serious bodily injury to the officer or another
person.
JUSTIFICATION:
This bill will lead to a decrease in the use of deadly force by specify-
ing that deadly force may only be used in very limited circumstances.
New York law is significantly broader as to instances in which police or
peace officer may use deadly force. Those situations include, but are
not limited to, circumstances where the officer reasonably believes that
the person committed or attempted to commit a felony using physical
force or the crimes of kidnapping, arson, escape in the first degree, or
burglary in the first degree and when the person committed or attempted
to commit a felony and he or she is armed with a firearm or deadly weap-
ons.
LEGISLATIVE HISTORY:
2024-2025: A6474 Referred to codes
2023-2024: S739
2019-2020: A10651
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
7193
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. This act shall be known and may be cited as the "New York
2 police use of deadly force restraint act".
3 § 2. Subdivision 1 of section 35.30 of the penal law, as added by
4 chapter 73 of the laws of 1968, the opening paragraph as amended by
5 chapter 511 of the laws of 2004, and paragraph (c) as amended by chapter
6 843 of the laws of 1980, is amended and a new subdivision 1-a is added
7 to read as follows:
8 1. A police officer or a peace officer, in the course of effecting or
9 attempting to effect an arrest, or of preventing or attempting to
10 prevent the escape from custody, of a person whom [he or she] such offi-
11 cer reasonably believes to have committed an offense, may use physical
12 force when and to the extent [he or she] such officer reasonably
13 believes such to be necessary to effect the arrest, or to prevent the
14 escape from custody, or in self-defense or to defend a third person from
15 what [he or she] such officer reasonably believes to be the use or immi-
16 nent use of physical force; except that deadly physical force may be
17 used for such purposes only when [he or she] such officer reasonably
18 believes that:
19 (a) The offense committed by such person was[:
20 (i) a felony or an attempt to commit a felony involving the use or
21 attempted use or threatened imminent use of physical force against a
22 person; or
23 (ii) kidnapping, arson, escape in the first degree, burglary in the
24 first degree or any attempt to commit such a crime] a felony that
25 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
1 reasonably believes that the person will cause death or serious bodily
2 injury to another person unless immediately apprehended. Where feasible,
3 a police officer or peace officer shall, prior to the use of force,
4 make reasonable efforts to identify themselves as a police officer or
5 peace officer and to warn that deadly force may be used, unless the
6 officer has objectively reasonable grounds to believe such person is
7 aware of those facts; or
8 (b) [The offense committed or attempted by such person was a felony
9 and that, in the course of resisting arrest therefor or attempting to
10 escape from custody, such person is armed with a firearm or deadly weap-
11 on; or
12 (c)] Regardless of the particular offense which is the subject of the
13 arrest or attempted escape, the use of deadly physical force is neces-
14 sary to defend the police officer or peace officer or another person
15 from what the officer reasonably believes to be the use or imminent use
16 of deadly physical force.
17 1-a. A police officer or peace officer shall not use deadly force
18 against a person based on the danger that such person poses to such
19 officer, if an objectively reasonable officer would believe the person
20 does not pose an imminent threat of death or serious bodily injury to
21 the police officer, peace officer or to another person.
22 § 3. This act shall take effect immediately.
