What's happening
This bill creates the crime of aggravated strangulation when police or peace officers use a chokehold causing serious injury or death, making it a class C felony.
Why it matters
Establishes a new, more serious felony charge specifically for police or peace officers who use chokeholds or similar restraints that result in serious injury or death. This closes a legal gap by targeting a form of force that has led to high-profile deaths and public outcry.
Elevates accountability for law enforcement by making aggravated strangulation a class C violent felony,. which carries more severe penalties than existing assault or strangulation charges, signaling the state's commitment to addressing excessive force.
Specifies that the law only applies when officers use force defined as criminal obstruction of breathing or blood circulation, or a chokehold as described elsewhere in New York law,. ensuring that the charge is not overly broad but focused on specific dangerous conduct.
Includes an explicit exception for valid medical or dental procedures,. clarifying that health care professionals performing legitimate procedures are not at risk of prosecution under this law.
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Who cares
Police and peace officers
They could face a new class C violent felony charge for criminally obstructing breathing or blood circulation, or using a chokehold or similar restraint, that causes serious physical injury or death.
District attorneys
The bill would give prosecutors a new aggravated strangulation offense specifically covering police and peace officers.
People injured by officer chokeholds and families of those killed
The bill would establish a specific felony for qualifying officer conduct that causes serious physical injury or death.
Criminal defense attorneys
The bill would extend the affirmative defense of a valid medical or dental purpose to the new offense.
Headline styles
Ban Police Chokeholds
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A6144B
- Ordered to third reading cal.693
- Reported and committed to rules
- Print number 6670b
- Amend (t) and recommit to codes
- Referred to codes
- Print number 6670a
- Amend and recommit to rules
- Referred to rules
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
Signed by Governor · Sponsor Walter T. Mosley
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6670--B
2019-2020 Regular Sessions
IN SENATE
August 26, 2019
Introduced by Sens. BENJAMIN, BRESLIN, CARLUCCI, GOUNARDES, HOYLMAN, JACKSON, KAVANAGH, LIU, SALAZAR, SANDERS, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- 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.
LBD10132-07-0
S. 6670--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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to establishing the crime of aggravated strangulation
Purpose
Establishes criminal penalties for the use of a chokehold.
Summary of provisions
Section 1. Identifies the act as the "Eric Garner anti-chokehold act."
Section 2. Amends the penal law by adding a new section, 121.13-a. Aggravated Strangulation. Provides that a person commits aggravated strangulation when he or she, being a police officer, commits the crime of criminal obstruction of breathing or blood circulation as defined in section 121.11 and causes serious physical injury or death to another person. This offense shall be a class C felony.
Section 3. Includes this offense as a violent felony.
Section 4. Effective Date
Justification
In 1993, the New York City Police Department completely banned its offi- cers from using a procedure commonly referred to as a "chokehold." According to the NY Daily News: "Members of the NYPD will NOT. Usechokeholds," the NYPD patrol guide clearly states. "A chokehold shall include, but is not limited to, any pressure to the throat or windpipe which may prevent or hinder breathing to reduce intakes of air" (NYPD patrol guide clearly states members cannot use chokeholds; New York Daily News Barry Paddock, Thomas Tracy; Friday, July 18, 2014)
Despite the ban, Bronx resident Anthony Baez died in 1994 as a result of a chokehold. Baez's crime was throwing a football with some friends and the football hit a cop's car. He was unarmed. The officer was ultimately tried by a federal jury and convicted.
On Thursday, July 17, 2014, Eric Garner, who was also unarmed and accused of selling loose cigarettes, was placed in a chokehold by an officer of the NYPD. Despite Mr. Garner's audible pleas that he could not breathe, the officers proceeded to put him in handcuffs. He died later at the hospital.
It is clear that the NYPD's ban on the use of chokeholds is not suffi- cient to prevent police officers from using this method to restrain individuals whom they are trying to arrest. Between 2009 and 2013, the Civilian Complaint Review Board substantiated nine complaints by people who said they had been subjected to a chokehold. Not only has this supposed ban not been enforced, there is evidence that the penalties for using a chokehold have resulted in little more than the loss of vacation time. (New York Times, J. David Goodman, July 21, 2014).
It is obvious that the NYPD is either unable or unwilling to enforce its own employee manual. The use of chokeholds has resulted in too many deaths. Criminal sanctions must be established for those who continue to disregard this banned procedure.
This bill does not bar any affirmative defenses or justifications for the use of force in making an arrest or in preventing an escape as outlined in Section 35.30 of the Penal Law.
Legislative history
2017-18: A.1699; referred to codes 2015-16: A3361; Referred to Codes / S346; Referred to Codes 2014: A10170; Referred to Codes / S7929; Referred to Rules
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.