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S01494 Summary:

BILL NOS01494
 
SAME ASNo same as
 
SPONSORPATERSON
 
COSPNSRDUANE, GONZALEZ, HASSELL-THOMPSON, LACHMAN, MENDEZ, MONTGOMERY, SAMPSON, SANTIAGO, SMITH A, SMITHM
 
MLTSPNSR
 
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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S01494 Text:



 
                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.
                                                                   LBD01517-01-1

        S. 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.
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