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A10574 Summary:

BILL NOA10574
 
SAME ASNo Same As
 
SPONSORRules (Perry)
 
COSPNSR
 
MLTSPNSR
 
Add 120.19 & 120.19-a, amd 125.25, Pen L
 
Establishes the offenses of undue use of force by an officer in the second degree and undue use of force by an officer in the first degree relating to a police officer or peace officer intentionally using a maneuver to subdue a person which limits the ability of the person to breath including, but not limited to, restraining a person around the neck, using a choke hold, or putting his or her knee on the person's neck; includes a death resulting from the commission of undue use of force by an officer in the second degree or undue use of force by an officer in the first degree in the definition of murder in the second degree.
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A10574 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10574
 
                   IN ASSEMBLY
 
                                      June 3, 2020
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
          read once and referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation  to  enacting  the  New  York
          death by police brutality prevention act
 
          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  death by police brutality prevention act".
     3    §  2.  The  penal law is amended by adding two new sections 120.19 and
     4  120.19-a to read as follows:
     5  § 120.19 Undue use of force by an officer in the second degree.
     6    A person is guilty of undue use of force by an officer in  the  second
     7  degree when he or she:
     8    1. is a police officer or peace officer; and
     9    2.  he  or  she intentionally uses a maneuver to subdue a person which
    10  limits the ability of the person to breathe including, but  not  limited
    11  to,  restraining  a  person around the neck, using a choke hold, putting
    12  his or her knee on the person's neck or acting in any other manner which
    13  interferes with or results  in  the  blocking  or  compromising  of  the
    14  person's airway.
    15    Undue  use  of  force  by an officer in the second degree is a class C
    16  felony.
    17  § 120.19-a Undue use of force by an officer in the first degree.
    18    A person is guilty of undue use of force by an officer  in  the  first
    19  degree when he or she:
    20    1. is a police officer or peace officer; and
    21    2.  he  or  she intentionally uses a maneuver to subdue a person which
    22  limits the ability of the person to breathe including, but  not  limited
    23  to,  restraining  a  person around the neck, using a choke hold, putting
    24  his or her knee on the person's neck or acting in any other manner which
    25  interferes with or results  in  the  blocking  or  compromising  of  the
    26  person's airway; and
    27    3. he or she causes such person to suffer serious physical injury.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16538-04-0

        A. 10574                            2
 
     1    Undue  use  of  force  by  an officer in the first degree is a class B
     2  felony.
     3    §  3.  Subdivision 5 of section 125.25 of the penal law, as amended by
     4  chapter 320 of the laws of 2006, is amended to read as follows:
     5    5. Being eighteen years old or more, while in the course of committing
     6  rape in the first, second or third degree, criminal sexual  act  in  the
     7  first,  second or third degree, sexual abuse in the first degree, aggra-
     8  vated sexual abuse in the first, second,  third  or  fourth  degree,  or
     9  incest  in the first, second or third degree, against a person less than
    10  fourteen years old, he or she intentionally causes  the  death  of  such
    11  person; or
    12    6.  Being  a  police  officer or peace officer, while in the course of
    13  committing undue use of force by an officer  in  the  second  degree  as
    14  provided  in  section  120.19 or undue use of force by an officer in the
    15  first degree as provided in section 120.19-a of this title,  he  or  she
    16  causes the death of a person.
    17    § 4. This act shall take effect immediately.
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