|SAME AS||No same as|
|COSPNSR||DUANE, GONZALEZ, HASSELL-THOMPSON, LACHMAN, MENDEZ, MONTGOMERY, SAMPSON, SANTIAGO, SMITH A, SMITHM|
|Amd SS35.15, 35.30 & 125.15, Pen L|
|Prohibits police or peace officers from using excessive force either defensively or in furtherance of making an arrest or preventing an escape; amends provisions of law addressing justification and the crime of manslaughter in the second degree.|
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STATE OF NEW YORK ________________________________________________________________________ 1494 2001-2002 Regular Sessions IN SENATE January 23, 2001 ___________ Introduced by Sens. PATERSON, DUANE, GONZALEZ, HASSELL-THOMPSON, LACH- MAN, MENDEZ, MONTGOMERY, SAMPSON, SANTIAGO, A. SMITH, M. SMITH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the use of deadly force by police officers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 2 of 2 section 35.15 of the penal law, as amended by chapter 843 of the laws of 3 1980, is amended to read as follows: 4 (ii) a police officer or peace officer or a person assisting a police 5 officer or a peace officer at the latter's direction, acting pursuant to 6 section 35.30 of this article; provided, however, he or she uses such 7 force with the intent to stop, rather than kill, the person who he or 8 she reasonably believes is using unlawful force, and uses only the mini- 9 mal amount of force necessary to effect such stop; or 10 § 2. Paragraph (c) of subdivision 1 of section 35.30 of the penal law, 11 as amended by chapter 843 of the laws of 1980, is amended to read as 12 follows: 13 (c) Regardless of the particular offense which is the subject of the 14 arrest or attempted escape, the use of deadly physical force is neces- 15 sary to defend the police officer or peace officer or another person 16 from what the officer reasonably believes to be the use or imminent use 17 of deadly physical force; provided, however, he or she uses such force 18 with the intent to stop, rather than kill, a person from escaping or 19 resisting arrest, and uses only the minimal amount of force necessary to 20 effect such stop. 21 § 3. Section 125.15 of the penal law is amended to read as follows: 22 § 125.15 Manslaughter in the second degree. 23 A person is guilty of manslaughter in the second degree when: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01517-01-1S. 1494 2 1 1. He or she recklessly causes the death of another person; or 2 2. He or she commits upon a female an abortional act which causes her 3 death, unless such abortional act is justifiable pursuant to subdivision 4 three of section 125.05 of this article; or 5 3. He or she intentionally causes or aids another person to commit 6 suicide[ .]; or 7 4. He or she is a police officer or peace officer who kills a person 8 by use of a loaded weapon, for a purpose otherwise justified by law, 9 with the intent to kill, rather than stop, such person, and beyond the 10 minimal amount of force necessary to stop the person. 11 Manslaughter in the second degree is a class C felony. 12 § 4. This act shall take effect on the first day of November next 13 succeeding the date on which it shall have become a law.