New York State Assembly

 
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A06144 Summary:

A06144 Actions:

A06144 Committee Votes:

Committee:RULES   Chair:Heastie      
DATE:06/08/2020AYE/NAY:24/2  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Gantt
Excused
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Malliotakis
Nay
Ortiz
Excused
Blankenbush
Aye
Pretlow
Aye
Norris
Nay
Cook
Aye
Glick
Excused
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

Committee:CODES   Chair:Lentol      
DATE:06/08/2020AYE/NAY:17/4  Action: Favorable refer to committee Rules        
Lentol
Aye
Morinello
Nay
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Palumbo
Nay
Cymbrowitz
Aye
Garbarino
Aye
O'Donnell
Aye
Reilly
Nay
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

A06144 Floor Votes:

A06144 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6144--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 28, 2019
                                       ___________
 
        Introduced  by  M.  of A. MOSLEY, REYES, BLAKE, OTIS, CARROLL, L. ROSEN-
          THAL, PICHARDO, EPSTEIN,  HUNTER,  NIOU,  SIMON,  RICHARDSON,  CRESPO,
          RODRIGUEZ,  LIFTON,  JOYNER,  SIMOTAS, BICHOTTE, GLICK, DAVILA, VANEL,
          ORTIZ -- read once and referred to the Committee on Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Codes in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT to amend the penal law, in relation to establishing the crime of
          aggravated strangulation
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Eric Garner anti-chokehold act".
     3    § 2. The penal law is amended by adding a new section 121.13-a to read
     4  as follows:
     5  § 121.13-a Aggravated strangulation.
     6    A person is guilty of aggravated strangulation when,  being  a  police
     7  officer  as  defined  in  subdivision thirty-four of section 1.20 of the
     8  criminal procedure law or a peace officer as defined in section 2.10  of
     9  the  criminal  procedure  law,  he  or she commits the crime of criminal
    10  obstruction of breathing or blood circulation,  as  defined  in  section
    11  121.11  of  this  article,  or uses a chokehold or similar restraint, as
    12  described in paragraph b of subdivision one  of  section  eight  hundred
    13  thirty-seven-t of the executive law, and thereby causes serious physical
    14  injury or death to another person.
    15    Aggravated strangulation is a class C felony.
    16    §  3.  Section 121.14 of the penal law, as added by chapter 405 of the
    17  laws of 2010, is amended to read as follows:
    18  § 121.14 Medical or dental purpose.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10132-06-0
        A. 6144--B                          2
 
     1    For purposes of [sections] section 121.11,  121.12  [and],  121.13  or
     2  121.13-a  of  this  article, it shall be an affirmative defense that the
     3  defendant performed such conduct for a valid medical or dental purpose.
     4    § 4. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
     5  as  amended  by  chapter  476 of the laws of 2018, is amended to read as
     6  follows:
     7    (b) Class C violent felony offenses: an attempt to commit any  of  the
     8  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
     9  vated criminally negligent homicide as defined in section 125.11, aggra-
    10  vated manslaughter in the second degree as defined  in  section  125.21,
    11  aggravated  sexual  abuse  in  the  second  degree as defined in section
    12  130.67, assault on a peace officer, police officer, firefighter or emer-
    13  gency medical  services  professional  as  defined  in  section  120.08,
    14  assault  on  a  judge  as defined in section 120.09, gang assault in the
    15  second degree as defined in section 120.06, strangulation in  the  first
    16  degree as defined in section 121.13, aggravated strangulation as defined
    17  in section 121.13-a, burglary in the second degree as defined in section
    18  140.25, robbery in the second degree as defined in section 160.10, crim-
    19  inal  possession  of a weapon in the second degree as defined in section
    20  265.03, criminal use of a firearm in the second  degree  as  defined  in
    21  section  265.08,  criminal  sale  of  a  firearm in the second degree as
    22  defined in section 265.12, criminal sale of a firearm with the aid of  a
    23  minor  as defined in section 265.14, aggravated criminal possession of a
    24  weapon as defined in section 265.19, soliciting or providing support for
    25  an act of terrorism in the first degree as defined  in  section  490.15,
    26  hindering  prosecution  of  terrorism in the second degree as defined in
    27  section 490.30, and criminal possession of a chemical weapon or  biolog-
    28  ical weapon in the third degree as defined in section 490.37.
    29    § 5. This act shall take effect immediately.