Assembly Bill A6144

Signed By Governor
2019-2020 Legislative Session

Establishes the crime of aggravated strangulation

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2019-A6144 - Details

Law Section:
Penal Law
Laws Affected:
Amd §121.11, add §121.13-a, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10170
2015-2016: A3361
2017-2018: A1699

2019-A6144 - Summary

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.

2019-A6144 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6144
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Section 121.11 of the penal law, as added by chapter 405 of
 the laws of 2010, is amended to read as follows:
 § 121.11 Criminal obstruction of breathing or blood circulation.
   A person is guilty of  criminal  obstruction  of  breathing  or  blood
 circulation  when,  with intent to impede the normal breathing or circu-
 lation of the blood of another person, he or she:
   a. applies pressure on the throat or neck of such person; or
   b. blocks the nose or mouth of such person; OR
   C. USES ANY PROCEDURE KNOWN AS A CHOKEHOLD.
   Criminal obstruction of breathing or blood circulation is  a  class  A
 misdemeanor.
   § 2. The penal law is amended by adding a new section 121.13-a to read
 as follows:
 §  121.13-A  STRANGULATION  IN  THE  FIRST  DEGREE;  DISREGARD OF BANNED
               EMPLOYMENT PROCEDURES.
   A PERSON IS GUILTY OF STRANGULATION IN THE FIRST DEGREE; DISREGARD  OF
 BANNED  EMPLOYMENT  PROCEDURES  WHEN HE OR SHE DISREGARDS ANY PROCEDURES
 BANNED BY HIS OR HER  EMPLOYMENT  AND  COMMITS  THE  CRIME  OF  CRIMINAL
 OBSTRUCTION  OF  BREATHING  OR  BLOOD CIRCULATION, AS DEFINED IN SECTION
 121.11 OF THIS ARTICLE, AND THEREBY CAUSES SERIOUS  PHYSICAL  INJURY  OR
 DEATH TO ANOTHER PERSON.
   STRANGULATION  IN  THE  FIRST  DEGREE;  DISREGARD OF BANNED EMPLOYMENT
 PROCEDURES IS A CLASS B FELONY.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-A6144A - Details

Law Section:
Penal Law
Laws Affected:
Amd §121.11, add §121.13-a, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10170
2015-2016: A3361
2017-2018: A1699

2019-A6144A - Summary

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.

2019-A6144A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6144--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Eric Garner anti-chokehold act".
   § 2. Section 121.11 of the penal law, as added by chapter 405  of  the
 laws of 2010, is amended to read as follows:
 § 121.11 Criminal obstruction of breathing or blood circulation.
   A  person  is  guilty  of  criminal  obstruction of breathing or blood
 circulation when, with intent to impede the normal breathing  or  circu-
 lation of the blood of another person, he or she:
   a. applies pressure on the throat or neck of such person; or
   b. blocks the nose or mouth of such person; OR
   C. USES ANY PROCEDURE KNOWN AS A CHOKEHOLD.
   Criminal  obstruction  of  breathing or blood circulation is a class A
 misdemeanor.
   § 3. The penal law is amended by adding a new section 121.13-a to read
 as follows:
 § 121.13-A STRANGULATION  IN  THE  FIRST  DEGREE;  DISREGARD  OF  BANNED
              EMPLOYMENT PROCEDURES.
   A  PERSON IS GUILTY OF STRANGULATION IN THE FIRST DEGREE; DISREGARD OF
 BANNED EMPLOYMENT PROCEDURES WHEN HE OR SHE  DISREGARDS  ANY  PROCEDURES
 BANNED  BY  HIS  OR  HER  EMPLOYMENT  AND  COMMITS THE CRIME OF CRIMINAL
 OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION,  AS  DEFINED  IN  SECTION
 121.11  OF  THIS  ARTICLE, AND THEREBY CAUSES SERIOUS PHYSICAL INJURY OR
 DEATH TO ANOTHER PERSON.
   STRANGULATION IN THE FIRST  DEGREE;  DISREGARD  OF  BANNED  EMPLOYMENT
 PROCEDURES IS A CLASS B FELONY.
   § 4. This act shall take effect immediately.

co-Sponsors

2019-A6144B (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §121.11, add §121.13-a, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10170
2015-2016: A3361
2017-2018: A1699

2019-A6144B (ACTIVE) - Summary

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.

2019-A6144B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6144--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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  accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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  ASSEM-
 BLY, 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.

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