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

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-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         6144--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 28, 2019
                                       ___________

        Introduced by M. of A. MOSLEY -- read once and referred to the Committee
          on  Codes  -- 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
          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.  Short  title. This act shall be known and may be cited as
     2  the "Eric Garner anti-chokehold act".
     3    § 2. Section 121.11 of the penal law, as added by chapter 405  of  the
     4  laws of 2010, is amended to read as follows:
     5  § 121.11 Criminal obstruction of breathing or blood circulation.
     6    A  person  is  guilty  of  criminal  obstruction of breathing or blood
     7  circulation when, with intent to impede the normal breathing  or  circu-
     8  lation of the blood of another person, he or she:
     9    a. applies pressure on the throat or neck of such person; or
    10    b. blocks the nose or mouth of such person; or
    11    c. uses any procedure known as a chokehold.
    12    Criminal  obstruction  of  breathing or blood circulation is a class A
    13  misdemeanor.
    14    § 3. The penal law is amended by adding a new section 121.13-a to read
    15  as follows:
    16  § 121.13-a Strangulation  in  the  first  degree;  disregard  of  banned
    17               employment procedures.
    18    A  person is guilty of strangulation in the first degree; disregard of
    19  banned employment procedures when he or she  disregards  any  procedures
    20  banned  by  his  or  her  employment  and  commits the crime of criminal
    21  obstruction of breathing or blood circulation,  as  defined  in  section
    22  121.11  of  this  article, and thereby causes serious physical injury or
    23  death to another person.
    24    Strangulation in the first  degree;  disregard  of  banned  employment
    25  procedures is a class B felony.
    26    § 4. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10132-03-9