Establishes the crime of strangulation in the first degree; disregard of banned employment procedures; provides that a person is guilty of strangulation in the first degree; disregard of banned employment procedures when he or she disregards any procedures banned by his or her employment and commits the crime of criminal obstruction of breathing or blood circulation, and thereby causes serious physical injury or death to another person; makes such offense a class B felony; bans the use of a chokehold.
STATE OF NEW YORK
________________________________________________________________________
3361
2015-2016 Regular Sessions
IN ASSEMBLY
January 22, 2015
___________
Introduced by M. of A. MOSLEY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
strangulation in the first degree; disregard of banned employment
procedures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 121.11 of the penal law, as added by chapter 405 of
2 the laws of 2010, is amended to read as follows:
3 § 121.11 Criminal obstruction of breathing or blood circulation.
4 A person is guilty of criminal obstruction of breathing or blood
5 circulation when, with intent to impede the normal breathing or circu-
6 lation of the blood of another person, he or she:
7 a. applies pressure on the throat or neck of such person; or
8 b. blocks the nose or mouth of such person; or
9 c. uses any procedure known as a chokehold.
10 Criminal obstruction of breathing or blood circulation is a class A
11 misdemeanor.
12 § 2. The penal law is amended by adding a new section 121.13-a to read
13 as follows:
14 § 121.13-a Strangulation in the first degree; disregard of banned
15 employment procedures.
16 A person is guilty of strangulation in the first degree; disregard of
17 banned employment procedures when he or she disregards any procedures
18 banned by his or her employment and commits the crime of criminal
19 obstruction of breathing or blood circulation, as defined in section
20 121.11 of this article, and thereby causes serious physical injury or
21 death to another person.
22 Strangulation in the first degree; disregard of banned employment
23 procedures is a class B felony.
24 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01593-01-5
