NY State Senate Bill 2021-S6615

Senate Bill S6615

2021-2022 Legislative Session

Relates to justifying the use of force by police officers and peace officers and to the excessive use of police force

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
May 10, 2021	referred to codes

co-Sponsors

2021-S6615 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §35.30, add §§120.75, 120.76 & 120.77, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S8449

2021-S6615 (ACTIVE) - Summary

Relates to justifying the use of force by police officers and peace officers and to the excessive use of police force.

2021-S6615 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6615

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the penal law, in relation to justifying the use of
force by police officers and peace officers and to the excessive use of
police force

 
PURPOSE:

To improve law enforcement practices and increase accountability
concerning civilian deaths caused by police officers or peace officers,
this legislation amends the law that justifies use of force by police
officers and peace officers in order to ensure that alternatives to
force or lower levels of force are used before officers use significant
physical force or lethal force on civilians; and it ensures that prose-
cutors have increased options to identify a just outcome where law
enforcement causes harm to individuals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 35.30 of the Penal Law. The amend-
ments would:

*withdraw the authority for police officers and peace officers to use
lethal force on individuals where they reasonably believe that the
offense committed by such person was a felony or an attempt to commit a
felony involving the use or attempted use or threatened imminent use of
physical force against a person; or where the person engaged in kidnap-
ping, arson, escape in the first degree, burglary in the first degree or
any attempt to commit those crimes.

*withdraw the authority for police officers and peace officers to use
lethal force on individuals where they reasonably believe the offense
committed or attempted by such person was a felony and that, in the
course of resisting arrest therefor or attempting to escape from custo-
dy, such person is armed with a firearm or deadly weapon.

*Authorize the use of lethal force by a police officer or peace officer
where (a) there is probable cause to believe that the person has commit-
ted a felony involving death or serious bodily injury, and the officer
reasonably believes: (i) such person is armed with a firearm or other
deadly weapon; (ii) the individual would cause death or serious bodily
injury to another if not immediately apprehended (iii) that no less-
lethal force alternatives or non-force tactics or techniques are suffi-
cient to subdue the person, and (iv) that the officer's use of deadly
force does not create a substantial risk of serious bodily injury to any
persons other than the person against whom the deadly force is directed.

*State that for purposes of section 35.30 of the Penal Law, a person
reasonably believes a use of force is necessary when (i) he or she actu-
ally holds that belief, and (ii) a reasonable person under the same
circumstances would hold that belief.

*State that for purposes of section 35.30 of the Penal Law, physical
force is "necessary" when there are no reasonable alternative means to
effect the lawful objective and avoid the use of force or reduce the
severity of the force used.
*State that for purposes of section 35.30 of the Penal Law, a threat is
"imminent" when the person reasonably appears to have the present abili-
ty, opportunity, and apparent intent to immediately inflict injury.

*Establish that any level of force by a police officer or peace officer
may be deemed not justified pursuant to subdivision one of section 35.30
of the Penal Law if such officer engaged in conduct that created a
substantial and unjustifiable risk that force would become necessary.

*Establish that any level of force by a police officer or peace officer
shall be presumptively not justified pursuant to subdivision one of this
section if applied to a person who has been rendered incapable of
resisting arrest.

*Withdraw the authority of a private citizen to use deadly physical
force when he or she reasonably believes it is to be necessary to effect
the arrest of a person who has committed murder, manslaughter in the
first degree, robbery, forcible rape or forcible criminal sexual act and
who is in immediate flight therefrom.

Section 2 of the bill adds three new sections to the Penal Law, section
120.75, 120.76, and 120.77. Those sections would:

*Establish the crime of excessive use of force by a police officer or
peace officer in the third degree.

*Establish the crime of excessive use of force by a police officer or
peace officer in the second degree.

*Establish the crime of excessive use of force by a police officer or
peace officer in the first degree.

Section 3 of the bill sets forth the effective date.

 
JUSTIFICATION:

The current law that justifies use of force, including lethal force, by
police officers and peace officers fails to prioritize the preservation
of the lives of civilians. It authorizes law enforcement to use lethal
force even where an individual does not present an imminent threat of
harm to the officer or another person and fails to require law enforce-
ment to avoid the use of force through tactics including de-escalation
or verbal warnings or use lower levels of force where those alternative
means of intervention are reasonable.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON THE REGULATION OF BUSINESSES AND INDIVIDUALS:
None.

 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS OR OTHER PENAL
SANCTIONS:

Establishes criminal penalties for Excessive Use of Force by a Police
Office or Peace Officer in the first, second and third degrees.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6615 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6615
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER  -- (at request of the Attorney General) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to justifying the use of
   force by police officers and peace officers and to the  excessive  use
   of police force

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 35.30 of the penal law, as added by chapter  73  of
 the laws of 1968, the opening paragraph of subdivision 1, subdivisions 2
 and  3,  the  opening  paragraph  and paragraph (a) of subdivision 4 and
 subdivision 5 as amended by chapter 511 of the laws of  2004,  paragraph
 (c)  of subdivision 1 as amended by chapter 843 of the laws of 1980, and
 paragraph (b) of subdivision 4 as amended by chapter 264 of the laws  of
 2003, is amended to read as follows:
 § 35.30 Justification;  use  of physical force in making an arrest or in
           preventing an escape.
   1. A police officer or a peace officer, in the course of effecting  or
 attempting  to  effect an arrest THAT THE OFFICER REASONABLY BELIEVES IS
 LAWFUL, or of preventing or attempting to prevent the escape from custo-
 dy, of a person whom he or she reasonably believes to have committed  an
 offense, may use physical force when and to the extent he or she reason-
 ably  believes  such to be necessary to effect the arrest, or to prevent
 the escape from custody, or in self-defense or to defend a third  person
 from what he or she reasonably believes to be the use or imminent use of
 physical  force;  except that deadly physical force may be used for such
 purposes only when he or she reasonably believes that:
   (a) [The offense committed by such person was:
   (i) a felony or an attempt to commit a felony  involving  the  use  or
 attempted  use  or  threatened  imminent use of physical force against a
 person; or

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

                                                            LBD10783-02-1

 S. 6615                             2

   (ii) kidnapping, arson, escape in the first degree,  burglary  in  the
 first  degree  or  any attempt to commit such a crime] THERE IS PROBABLE
 CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED A FELONY INVOLVING  DEATH
 OR  SERIOUS  BODILY INJURY, AND THE OFFICER REASONABLY BELIEVES (I) SUCH
 PERSON IS ARMED WITH A FIREARM OR OTHER DEADLY WEAPON, (II) THE INDIVID-
 UAL  WOULD  CAUSE DEATH OR SERIOUS BODILY INJURY TO ANOTHER IF NOT IMME-
 DIATELY APPREHENDED, (III) THAT NO  LESS-LETHAL  FORCE  ALTERNATIVES  OR
 NON-FORCE TACTICS OR TECHNIQUES ARE SUFFICIENT TO SUBDUE THE PERSON, AND
 (IV)  THAT  THE OFFICER'S USE OF DEADLY FORCE DOES NOT CREATE A SUBSTAN-
 TIAL RISK OF SERIOUS BODILY INJURY TO ANY PERSONS OTHER THAN THE  PERSON
 AGAINST WHOM THE DEADLY FORCE IS DIRECTED; or
   (b)  [The  offense  committed or attempted by such person was a felony
 and that, in the course of resisting arrest therefor  or  attempting  to
 escape from custody, such person is armed with a firearm or deadly weap-
 on; or
   (c)]  Regardless of the particular offense which is the subject of the
 arrest or attempted escape, the use of deadly physical force  is  neces-
 sary  to  defend  the  police officer or peace officer or another person
 from what the officer reasonably believes to be the use or imminent  use
 of deadly physical force.
   2.  FOR  THE  PURPOSES OF THIS SECTION, A PERSON REASONABLY BELIEVES A
 USE OF FORCE IS NECESSARY WHEN (A) HE OR SHE ACTUALLY HOLDS THAT BELIEF,
 AND (B) A REASONABLE PERSON UNDER THE SAME CIRCUMSTANCES WOULD HOLD THAT
 BELIEF.
   3. FOR THE PURPOSES OF THIS SECTION, PHYSICAL FORCE SHALL  BE  CONSID-
 ERED  NECESSARY WHEN THERE ARE NO REASONABLE ALTERNATIVE MEANS TO EFFECT
 THE LAWFUL OBJECTIVE AND AVOID THE USE OF FORCE OR REDUCE  THE  SEVERITY
 OF  THE FORCE USED, INCLUDING THE USE OF LESS-LETHAL FORCE ALTERNATIVES,
 NON-FORCE TACTICS OR TECHNIQUES THAT ARE INTENDED TO STABILIZE THE SITU-
 ATION AND REDUCE THE IMMEDIACY OF THE THREAT, SUCH AS  DISTANCE,  COVER,
 CONTAINMENT, TACTICAL REPOSITIONING, REQUESTING ADDITIONAL OFFICERS, AND
 SURVEILLANCE,  VERBAL  COMMUNICATION OR DE-ESCALATION AND THE DEPLOYMENT
 OF SPECIALIZED EQUIPMENT OR  RESOURCES,  SUCH  AS  OFFICERS  TRAINED  IN
 CRISIS  INTERVENTION,  OR MENTAL HEALTH PROFESSIONALS. AN ALTERNATIVE TO
 THE USE OF PHYSICAL FORCE MAY BE A REASONABLE  ALTERNATIVE  EVEN  IF  IT
 EXTENDS THE OVERALL DURATION OF THE INTERACTION.
   4.  FOR  THE  PURPOSES  OF  THIS SECTION, A THREAT SHALL BE CONSIDERED
 IMMINENT WHEN THE PERSON REASONABLY APPEARS TO HAVE THE PRESENT ABILITY,
 OPPORTUNITY, AND APPARENT INTENT TO IMMEDIATELY INFLICT INJURY.
   5. THE USE OF ANY LEVEL OF FORCE BY A POLICE OFFICER OR PEACE  OFFICER
 MAY  BE DEEMED NOT JUSTIFIED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 IF SUCH OFFICER ENGAGED IN CONDUCT THAT CREATED A SUBSTANTIAL AND UNJUS-
 TIFIABLE RISK THAT FORCE WOULD BECOME NECESSARY.
   6. THE USE OF ANY LEVEL OF FORCE BY A POLICE OFFICER OR PEACE  OFFICER
 SHALL BE PRESUMPTIVELY NOT JUSTIFIED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION  IF  APPLIED  TO  A  PERSON  WHO  HAS BEEN RENDERED INCAPABLE OF
 RESISTING ARREST.
   7. The fact that a police officer or a peace officer is  justified  in
 using  deadly  physical  force  under circumstances prescribed in [para-
 graphs (a) and (b) of] subdivision one OF THIS SECTION does not  consti-
 tute  justification for reckless conduct by such police officer or peace
 officer amounting to an offense against  or  with  respect  to  innocent
 persons whom he or she is not seeking to arrest or retain in custody.
   [3.]  8. A person who has been directed by a police officer or a peace
 officer to assist such police officer or  peace  officer  to  effect  an
 arrest  or  to  prevent  an  escape from custody may use physical force,

 S. 6615                             3
 
 other than deadly physical force, when and to the extent that he or  she
 reasonably  believes such to be necessary to carry out such police offi-
 cer's or peace officer's direction, unless he  or  she  knows  that  the
 arrest  or  prospective  arrest is not or was not authorized and may use
 deadly physical force under such circumstances when:
   (a) He or she reasonably believes such to be  necessary  for  self-de-
 fense  or  to  defend  a  third  person  from  what he or she reasonably
 believes to be the use or imminent use of deadly physical force; or
   (b) He or she is directed or authorized  by  such  police  officer  or
 peace  officer  to use deadly physical force unless he or she knows that
 the police officer or peace officer is  not  authorized  to  use  deadly
 physical force under the circumstances.
   [4.]  9.  A  private  person  acting on his or her own account may use
 physical force, other than deadly physical force,  upon  another  person
 when  and  to  the  extent that he or she reasonably believes such to be
 necessary to effect an arrest or to prevent the escape from custody of a
 person whom he or she reasonably believes to have committed  an  offense
 and  who in fact has committed such offense; and may use deadly physical
 force for such purpose when he or she reasonably  believes  such  to  be
 necessary to[:
   (a)  Defend] DEFEND himself, herself or a third person from what he or
 she reasonably believes to be the use or imminent use of deadly physical
 force[; or
   (b)  Effect  the  arrest  of  a  person  who  has  committed   murder,
 manslaughter  in  the  first  degree, robbery, forcible rape or forcible
 criminal sexual act and who is in immediate flight therefrom].
   [5.] 10. A guard, police officer or peace officer who is charged  with
 the  duty of guarding prisoners in a detention facility, as that term is
 defined in section 205.00 OF THIS CHAPTER, or while  in  transit  to  or
 from a detention facility, may use physical force when and to the extent
 that  he  or she reasonably believes such to be necessary to prevent the
 escape of a prisoner from a detention facility or from custody while  in
 transit thereto or therefrom.
   §  2.  The  penal  law is amended by adding three new sections 120.75,
 120.76 and 120.77 to read as follows:
 § 120.75 EXCESSIVE USE OF FORCE BY A POLICE OFFICER OR A  PEACE  OFFICER
            IN THE THIRD DEGREE.
   A  PEACE OFFICER OR POLICE OFFICER IS GUILTY OF EXCESSIVE USE OF FORCE
 BY A POLICE OFFICER OR A PEACE OFFICER IN THE THIRD DEGREE WHEN, IN  THE
 COURSE  OF  EFFECTING  AN  ARREST, PREVENTING AN ESCAPE FROM CUSTODY, OR
 OTHERWISE IN FURTHERANCE OF AN AUTHORIZED LAW ENFORCEMENT OBJECTIVE,  HE
 OR SHE:
   1. INTENTIONALLY USES A DEGREE OF PHYSICAL FORCE AGAINST A PERSON THAT
 IS  GROSSLY  IN  EXCESS  OF THE DEGREE OF FORCE THAT A REASONABLE PERSON
 UNDER THE SAME CIRCUMSTANCES WOULD BELIEVE TO BE  NECESSARY  TO  ACHIEVE
 THE INTENDED OUTCOME; AND
   2. SUCH USE OF PHYSICAL FORCE CAUSES PHYSICAL INJURY TO THAT PERSON OR
 TO ANOTHER PERSON.
   EXCESSIVE  USE  OF FORCE BY A POLICE OFFICER OR A PEACE OFFICER IN THE
 THIRD DEGREE IS A CLASS A MISDEMEANOR.
 § 120.76 EXCESSIVE USE OF FORCE BY A POLICE OFFICER OR A  PEACE  OFFICER
            IN THE SECOND DEGREE.
   A  PEACE OFFICER OR POLICE OFFICER IS GUILTY OF EXCESSIVE USE OF FORCE
 BY A POLICE OFFICER OR A PEACE OFFICER IN THE SECOND DEGREE WHEN  HE  OR
 SHE,  IN  THE  COURSE  OF EFFECTING AN ARREST, PREVENTING AN ESCAPE FROM

 S. 6615                             4
 
 CUSTODY, OR OTHERWISE IN FURTHERANCE OF AN  AUTHORIZED  LAW  ENFORCEMENT
 OBJECTIVE:
   1. INTENTIONALLY USES A DEGREE OF PHYSICAL FORCE AGAINST A PERSON THAT
 IS  GROSSLY  IN  EXCESS  OF THE DEGREE OF FORCE THAT A REASONABLE PERSON
 UNDER THE SAME CIRCUMSTANCES WOULD BELIEVE TO BE  NECESSARY  TO  ACHIEVE
 THE INTENDED OUTCOME; AND
   2.  SUCH  USE OF PHYSICAL FORCE CAUSES SERIOUS PHYSICAL INJURY TO THAT
 PERSON OR TO ANOTHER PERSON.
   EXCESSIVE USE OF FORCE BY A POLICE OFFICER OR A PEACE OFFICER  IN  THE
 SECOND DEGREE IS A CLASS D FELONY.
 § 120.77 EXCESSIVE  USE  OF FORCE BY A POLICE OFFICER OR A PEACE OFFICER
            IN THE FIRST DEGREE.
   A PEACE OFFICER OR POLICE OFFICER IS GUILTY OF EXCESSIVE USE OF  FORCE
 BY  A  POLICE  OFFICER OR A PEACE OFFICER IN THE FIRST DEGREE WHEN HE OR
 SHE, IN THE COURSE OF EFFECTING AN ARREST,  PREVENTING  AN  ESCAPE  FROM
 CUSTODY,  OR  OTHERWISE  IN FURTHERANCE OF AN AUTHORIZED LAW ENFORCEMENT
 OBJECTIVE:
   1. INTENTIONALLY USES A DEGREE OF PHYSICAL FORCE AGAINST A PERSON THAT
 IS GROSSLY IN EXCESS OF THE DEGREE OF FORCE  THAT  A  REASONABLE  PERSON
 UNDER  THE  SAME  CIRCUMSTANCES WOULD BELIEVE TO BE NECESSARY TO ACHIEVE
 THE INTENDED OUTCOME; AND
   2. SUCH USE OF PHYSICAL FORCE CAUSES DEATH TO THAT PERSON OR TO ANOTH-
 ER PERSON.
   EXCESSIVE USE OF FORCE BY A POLICE OFFICER OR A PEACE OFFICER  IN  THE
 FIRST DEGREE IS A CLASS C FELONY.
   § 3. This act shall take effect immediately.

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Senate Bill S6615

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Sponsored By

Kevin S. Parker