Senate Bill S5741

2025-2026 Legislative Session

Relates to justification for the use of deadly physical force by a police or peace officer

download bill text pdf

Sponsored By

Current 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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2025-S5741 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §35.30, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S1551
2023-2024: S739

2025-S5741 (ACTIVE) - Summary

Limits the circumstances which justify the use of deadly force by a police officer or peace officer to instances when the person committed a felony that threatened or resulted in death or serious bodily injury and the officer reasonably believes that the person will cause death or serious bodily injury to another person unless immediately apprehended.

2025-S5741 (ACTIVE) - Sponsor Memo

2025-S5741 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5741
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 justification for the  use
   of deadly physical force by a police or peace officer
 
   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 the "New  York
 police use of deadly force restraint act".
   §  2.    Subdivision  1 of section 35.30 of the penal law, as added by
 chapter 73 of the laws of 1968, the  opening  paragraph  as  amended  by
 chapter 511 of the laws of 2004, and paragraph (c) as amended by chapter
 843  of  the laws of 1980, is amended and a new subdivision 1-a is added
 to read as follows:
   1. A police officer or a peace officer, in the course of effecting  or
 attempting  to  effect  an  arrest,  or  of  preventing or attempting to
 prevent the escape from custody, of a person whom [he or she] SUCH OFFI-
 CER reasonably believes to have committed an offense, may  use  physical
 force  when  and  to  the  extent  [he  or  she] SUCH OFFICER reasonably
 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] SUCH OFFICER reasonably believes to be the use or immi-
 nent  use  of  physical  force; except that deadly physical force may be
 used for such purposes only when [he or  she]  SUCH  OFFICER  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
   (ii)  kidnapping,  arson,  escape in the first degree, burglary in the
 first degree or any attempt to  commit  such  a  crime]  A  FELONY  THAT
 THREATENED OR RESULTED IN DEATH OR SERIOUS BODILY INJURY, IF THE OFFICER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07943-01-5
              

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