STATE OF NEW YORK
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10651
IN ASSEMBLY
June 17, 2020
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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 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 reasonably
11 believes to have committed an offense, may use physical force when and
12 to the extent he or she reasonably believes such to be necessary to
13 effect the arrest, or to prevent the escape from custody, or in self-de-
14 fense or to defend a third person from what he or she reasonably
15 believes to be the use or imminent use of physical force; except that
16 deadly physical force may be used for such purposes only when he or she
17 reasonably believes that:
18 (a) The offense committed by such person was[:
19 (i) a felony or an attempt to commit a felony involving the use or
20 attempted use or threatened imminent use of physical force against a
21 person; or
22 (ii) kidnapping, arson, escape in the first degree, burglary in the
23 first degree or any attempt to commit such a crime] a felony that
24 threatened or resulted in death or serious bodily injury, if the officer
25 reasonably believes that the person will cause death or serious bodily
26 injury to another person unless immediately apprehended. Where feasible,
27 a police officer or peace officer shall, prior to the use of force,
28 make reasonable efforts to identify himself or herself as a police offi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14439-02-0
A. 10651 2
1 cer or peace officer and to warn that deadly force may be used, unless
2 the officer has objectively reasonable grounds to believe such person is
3 aware of those facts; or
4 (b) [The offense committed or attempted by such person was a felony
5 and that, in the course of resisting arrest therefor or attempting to
6 escape from custody, such person is armed with a firearm or deadly weap-
7 on; or
8 (c)] Regardless of the particular offense which is the subject of the
9 arrest or attempted escape, the use of deadly physical force is neces-
10 sary to defend the police officer or peace officer or another person
11 from what the officer reasonably believes to be the use or imminent use
12 of deadly physical force.
13 1-a. A police officer or peace officer shall not use deadly force
14 against a person based on the danger that such person poses to himself
15 or herself, if an objectively reasonable officer would believe the
16 person does not pose an imminent threat of death or serious bodily inju-
17 ry to the police officer, peace officer or to another person.
18 § 3. This act shall take effect immediately.
