Senate Bill S1619A

2021-2022 Legislative Session

Enacts "Cariol's Law"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


  • 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

2021-S1619 - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §839-a, Exec L; amd §740, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8520
2023-2024: S1889

2021-S1619 - Summary

Enacts "Cariol's Law"; provides for a duty to intervene when a police officer observes another police officer using physical force that he or she reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.

2021-S1619 - Sponsor Memo

2021-S1619 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1619
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT mandating police officers to safely intervene when  such  officer
   is present and observes another police officer using excessive force
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any provisions of law to the contrary,  any
 police officer that is present and observes another police officer using
 force that is clearly excessive or beyond what is objectively reasonable
 under  the circumstances shall be required, when in a position to do so,
 to safely intervene to prevent the use of such excessive force.  In  all
 instances  where  excessive  force  is  used, observed by another police
 officer or another police officer had to intervene,  the  officer  shall
 promptly report the use, observation and intervention of excessive force
 to the supervisor.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05960-01-1



              

co-Sponsors

2021-S1619A (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §839-a, Exec L; amd §740, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8520
2023-2024: S1889

2021-S1619A (ACTIVE) - Summary

Enacts "Cariol's Law"; provides for a duty to intervene when a police officer observes another police officer using physical force that he or she reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.

2021-S1619A (ACTIVE) - Sponsor Memo

2021-S1619A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1619--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  executive law and the labor law, in relation to
   enacting "Cariol's Law"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  This act shall be known and may be cited as "Cariol's law"
 or "duty to intervene".
   §  2.  The  executive  law is amended by adding a new section 839-a to
 read as follows:
   § 839-A. EXCESSIVE USE OF FORCE; DUTY TO  INTERVENE.  1.  DEFINITIONS.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS  PROVIDED  FOR  IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW;
   (B) "USE OF FORCE" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (I) BRANDISHING, POINTING, USING OR DISCHARGING A FIREARM AT OR IN THE
 DIRECTION OF ANOTHER PERSON;
   (II)  USING  A CHOKEHOLD OR SIMILAR RESTRAINT THAT APPLIES PRESSURE TO
 THE THROAT OR WINDPIPE OF A PERSON IN A MANNER THAT MAY HINDER BREATHING
 OR REDUCE INTAKE OF AIR;
   (III) DISPLAYING, USING OR DEPLOYING A CHEMICAL AGENT, INCLUDING,  BUT
 NOT LIMITED TO, OLEORESIN CAPSICUM, PEPPER SPRAY OR TEAR GAS;
   (IV)  BRANDISHING, USING OR DEPLOYING AN IMPACT WEAPON, INCLUDING, BUT
 NOT LIMITED TO, A BATON OR BILLY CLUB;
   (V) BRANDISHING, USING OR  DEPLOYING  AN  ELECTRONIC  CONTROL  WEAPON,
 INCLUDING,  BUT  NOT  LIMITED  TO, AN ELECTRONIC STUN GUN, FLASH BOMB OR
 LONG-RANGE ACOUSTIC DEVICE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05960-02-1
              

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