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 Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 death by police brutality prevention act". 3 § 2. The penal law is amended by adding two new sections 120.19 and 4 120.19-a to read as follows: 5 § 120.19 Undue use of force by an officer in the second degree. 6 A person is guilty of undue use of force by an officer in the second 7 degree when he or she: 8 1. is a police officer or peace officer; and 9 2. he or she intentionally uses a maneuver to subdue a person which 10 limits the ability of the person to breathe including, but not limited 11 to, restraining a person around the neck, using a choke hold, putting 12 his or her knee on the person's neck or acting in any other manner which 13 interferes with or results in the blocking or compromising of the 14 person's airway. 15 Undue use of force by an officer in the second degree is a class C 16 felony. 17 § 120.19-a Undue use of force by an officer in the first degree. 18 A person is guilty of undue use of force by an officer in the first 19 degree when he or she: 20 1. is a police officer or peace officer; and 21 2. he or she intentionally uses a maneuver to subdue a person which 22 limits the ability of the person to breathe including, but not limited 23 to, restraining a person around the neck, using a choke hold, putting 24 his or her knee on the person's neck or acting in any other manner which 25 interferes with or results in the blocking or compromising of the 26 person's airway; and 27 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 1 Undue use of force by an officer in the first degree is a class B 2 felony. 3 § 3. Subdivision 5 of section 125.25 of the penal law, as amended by 4 chapter 320 of the laws of 2006, is amended to read as follows: 5 5. Being eighteen years old or more, while in the course of committing 6 rape in the first, second or third degree, criminal sexual act in the 7 first, second or third degree, sexual abuse in the first degree, aggra- 8 vated sexual abuse in the first, second, third or fourth degree, or 9 incest in the first, second or third degree, against a person less than 10 fourteen years old, he or she intentionally causes the death of such 11 person; or 12 6. Being a police officer or peace officer, while in the course of 13 committing undue use of force by an officer in the second degree as 14 provided in section 120.19 or undue use of force by an officer in the 15 first degree as provided in section 120.19-a of this title, he or she 16 causes the death of a person. 17 § 4. This act shall take effect immediately.

Enacts the New York death by police brutality prevention act

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