What's happening
This bill creates new felony offenses for police who use maneuvers that restrict breathing, including when resulting in injury or death.
Why it matters
Expands criminal accountability for police. By creating specific felony offenses for maneuvers that restrict breathing, the bill closes gaps in current law and ensures police can be prosecuted for actions like chokeholds or kneeling on a person's neck, even if these tactics were previously not explicitly criminalized.
Raises the stakes for excessive force. The law categorizes different outcomes—injury (class C felony) and serious injury (class B felony)—which means officers face serious prison time if found guilty, signaling the state’s intent to treat these acts with the same severity as other violent crimes.
Links police conduct to homicide statutes. If a person dies as a result of these banned maneuvers, officers can be charged with murder under existing homicide law, elevating the legal consequences and clarifying that such deaths are not excusable under color of law.
Aims to deter dangerous restraint practices. By explicitly naming prohibited tactics and tying them to felony charges, the bill could change police training and operational norms, potentially reducing the use of life-threatening restraint methods.
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Who cares
Headline styles
Ban Chokeholds by Police
Plain English, a few words. Used as the page title.
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History
- Enacting clause stricken
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "New York death by police brutality prevention act".
§ 2. The penal law is amended by adding two new sections 120.19 and 120.19-a to read as follows: § 120.19 Undue use of force by an officer in the second degree.
A person is guilty of undue use of force by an officer in the second degree when he or she:
1. is a police officer or peace officer; and
2. he or she intentionally uses a maneuver to subdue a person which limits the ability of the person to breathe including, but not limited to, restraining a person around the neck, using a choke hold, putting his or her knee on the person's neck or acting in any other manner which interferes with or results in the blocking or compromising of the person's airway.
Undue use of force by an officer in the second degree is a class C felony. § 120.19-a Undue use of force by an officer in the first degree.
A person is guilty of undue use of force by an officer in the first degree when he or she:
1. is a police officer or peace officer; and
2. he or she intentionally uses a maneuver to subdue a person which limits the ability of the person to breathe including, but not limited to, restraining a person around the neck, using a choke hold, putting his or her knee on the person's neck or acting in any other manner which interferes with or results in the blocking or compromising of the person's airway; and
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
Undue use of force by an officer in the first degree is a class B felony.
§ 3. Subdivision 5 of section 125.25 of the penal law, as amended by chapter 320 of the laws of 2006, is amended to read as follows:
5. Being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than fourteen years old, he or she intentionally causes the death of such person; or
6. Being a police officer or peace officer, while in the course of committing undue use of force by an officer in the second degree as provided in section 120.19 or undue use of force by an officer in the first degree as provided in section 120.19-a of this title, he or she causes the death of a person.
§ 4. This act shall take effect immediately.
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.