What's happening
This bill establishes aggravated strangulation by police or peace officers as a class C felony when it causes serious injury or death.
Why it matters
Creates a clear legal standard for police and peace officers. By specifying aggravated strangulation as a distinct felony when committed by law enforcement and resulting in serious injury or death, the bill aims to hold officers to stricter accountability for use of chokeholds and similar restraints.
Addresses a key gap in existing law. Prior statutes did not specifically classify deadly or injurious chokeholds by police as a violent felony, potentially limiting prosecution options and consequences in cases like the one that inspired this bill.
Signals a legislative response to public outcry over police conduct. Naming the act after Eric Garner and explicitly targeting restraints used by police, the law is a direct response to high-profile incidents and may influence both police training and public trust.
Sets a precedent for medical and dental exceptions. The bill clarifies that valid medical or dental procedures are not criminalized under this new offense, ensuring professionals are not unintentionally targeted.
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Who cares
Police and peace officers
The bill would make criminal obstruction of breathing or blood circulation, or use of a specified chokehold or similar restraint, a class C violent felony when it causes serious physical injury or death.
Prosecutors
The bill would create an aggravated strangulation charge specifically covering qualifying conduct by police and peace officers.
Criminal defense attorneys
The bill would extend the affirmative defense of a valid medical or dental purpose to the new offense.
People injured by police or peace officer chokeholds
The bill would establish a specific felony offense for chokeholds or similar restraints that cause serious physical injury or death.
Headline styles
Ban Police Chokeholds
Plain English, a few words. Used as the page title.
Sponsors
58 Co-sponsors
- Carl Heastie
- Crystal Peoples-Stokes
- Jeffrion Aubry
- Karines Reyes
- Michael Blake
- Steven Otis
- Robert C. Carroll
- Linda Rosenthal
- Victor M. Pichardo
- Harvey Epstein
- Pamela J. Hunter
- Yuh-Line Niou
- Jo Anne Simon
- Diana Richardson
- Marcos Crespo
- Robert J. Rodriguez
- Barbara Lifton
- Latoya Joyner
- Aravella Simotas
- Rodneyse Bichotte Hermelyn
- Deborah Glick
- Maritza Davila
- Clyde Vanel
- Felix Ortiz
- N. Nick Perry
- Ron Kim
- Donna Lupardo
- David Weprin
- Albert A. Stirpe
- Thomas Abinanti
- Carmen E. Arroyo
- Harry B. Bronson
- Kevin Cahill
- Catalina Cruz
- Carmen De La Rosa
- Michael DenDekker
- Jeffrey Dinowitz
- Nathalia Fernandez
- Mathylde Frontus
- Sandy Galef
- Richard Gottfried
- Alicia Hyndman
- Jonathan Jacobson
- Ellen C. Jaffee
- John T. McDonald III
- Catherine Nolan
- Daniel O'Donnell
- J. Gary Pretlow
- Philip Ramos
- Daniel Rosenthal
- Nily Rozic
- Rebecca Seawright
- Phil Steck
- Al Taylor
- Fred Thiele
- Latrice Walker
- Helene Weinstein
- Tremaine Wright
History
- Approval memo.1
- Signed chap.94
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.693
- Substituted for S6670B
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.62
- Rules report cal.62
Show 8 earlier actions
- Reported
- Reported referred to rules
- Print number 6144b
- Amend (t) and recommit to codes
- Referred to codes
- Print number 6144a
- Amend and recommit to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Police Chokeholds
Senate Floor Calendar · Sponsor Brian Benjamin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6144--B
2019-2020 Regular Sessions
IN ASSEMBLY
February 28, 2019
Introduced by M. of A. MOSLEY, REYES, BLAKE, OTIS, CARROLL, L. ROSEN- THAL, PICHARDO, EPSTEIN, HUNTER, NIOU, SIMON, RICHARDSON, CRESPO, RODRIGUEZ, LIFTON, JOYNER, SIMOTAS, BICHOTTE, GLICK, DAVILA, VANEL, ORTIZ -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to establishing the crime of aggravated strangulation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Eric Garner anti-chokehold act".
§ 2. The penal law is amended by adding a new section 121.13-a to read as follows: § 121.13-a Aggravated strangulation.
A person is guilty of aggravated strangulation when, being a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law or a peace officer as defined in section 2.10 of the criminal procedure law, he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, or uses a chokehold or similar restraint, as described in paragraph b of subdivision one of section eight hundred thirty-seven-t of the executive law, and thereby causes serious physical injury or death to another person.
Aggravated strangulation is a class C felony.
§ 3. Section 121.14 of the penal law, as added by chapter 405 of the laws of 2010, is amended to read as follows: § 121.14 Medical or dental purpose.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10132-06-0
A. 6144--B 2
For purposes of [sections] section 121.11, 121.12 [and], 121.13 or 121.13-a of this article, it shall be an affirmative defense that the defendant performed such conduct for a valid medical or dental purpose.
§ 4. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 476 of the laws of 2018, is amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, firefighter or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, aggravated strangulation as defined in section 121.13-a, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
§ 5. 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.