What's happening
This bill creates a new felony for causing serious injury or death by using banned restraint procedures at work, such as chokeholds.
Why it matters
Creates a strong legal deterrent for employees (including law enforcement) against using restraint techniques like chokeholds that their employer has specifically banned, raising the stakes from internal discipline to felony prosecution if serious harm results.
Makes the consequences for violating workplace restraint bans much more severe—moving from a misdemeanor to a class B felony (potentially years in prison) if the banned action causes serious injury or death.
Empowers prosecutors and victims’ families by providing a clear statute to charge individuals who ignore employer safety protocols and cause grave harm, potentially leading to more accountability in high-profile cases.
Signals to employers and the public that banned restraint procedures are a serious matter of public safety, and that ignoring such bans will no longer just be a policy violation but a major criminal offense.
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Who cares
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Ban Chokeholds at Work
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1699
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
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 Assembly, do enact as follows:
Section 1. Section 121.11 of the penal law, as added by chapter 405 of the laws of 2010, is amended to read as follows: § 121.11 Criminal obstruction of breathing or blood circulation.
A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she:
a. applies pressure on the throat or neck of such person; or
b. blocks the nose or mouth of such person; or
c. uses any procedure known as a chokehold.
Criminal obstruction of breathing or blood circulation is a class A misdemeanor.
§ 2. The penal law is amended by adding a new section 121.13-a to read as follows: § 121.13-a Strangulation in the first degree; disregard of banned
employment procedures.
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, as defined in section 121.11 of this article, and thereby causes serious physical injury or death to another person.
Strangulation in the first degree; disregard of banned employment procedures is a class B felony.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04022-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.