Bill Text: NY A06144 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 6144 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Establishes the crime of aggravated strangulation for police officers or peace officers where such officer commits the crime of criminal obstruction or breathing or blood circulation, or uses a chokehold or similar restraint, and causes serious physical injury or death.

Spectrum: Partisan Bill (Democrat 60-0)

Status: (Passed) 2020-06-12 - approval memo.1 [A06144 Detail]

Download: New_York-2019-A06144-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          6144
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
                                       ___________
        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 Assem-
        bly, do enact as follows:
     1    Section 1. Section 121.11 of the penal law, as added by chapter 405 of
     2  the laws of 2010, is amended to read as follows:
     3  § 121.11 Criminal obstruction of breathing or blood circulation.
     4    A person is guilty of  criminal  obstruction  of  breathing  or  blood
     5  circulation  when,  with intent to impede the normal breathing or circu-
     6  lation of the blood of another person, he or she:
     7    a. applies pressure on the throat or neck of such person; or
     8    b. blocks the nose or mouth of such person; or
     9    c. uses any procedure known as a chokehold.
    10    Criminal obstruction of breathing or blood circulation is  a  class  A
    11  misdemeanor.
    12    § 2. The penal law is amended by adding a new section 121.13-a to read
    13  as follows:
    14  §  121.13-a  Strangulation  in  the  first  degree;  disregard of banned
    15                employment procedures.
    16    A person is guilty of strangulation in the first degree; disregard  of
    17  banned  employment  procedures  when he or she disregards any procedures
    18  banned by his or her  employment  and  commits  the  crime  of  criminal
    19  obstruction  of  breathing  or  blood circulation, as defined in section
    20  121.11 of this article, and thereby causes serious  physical  injury  or
    21  death to another person.
    22    Strangulation  in  the  first  degree;  disregard of banned employment
    23  procedures is a class B felony.
    24    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10132-01-9