S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6111
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2025
                                ___________
 
 Introduced  by  Sens.  PARKER, GIANARIS, HOYLMAN-SIGAL -- 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] SUCH PERSON reasonably believes to have
 committed an offense, may use physical force when and to the extent  [he
 or  she]  SUCH PERSON 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  PERSON  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] SUCH PERSON reasonably believes that:
   (a) [The offense committed by such person was:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10664-01-5
 S. 6111                             2

              

   (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]  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)  SUCH  PERSON  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
 S. 6111                             3
 
 persons  whom [he or she is] THEY ARE 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,
 other than deadly physical force, when and to the  extent  that  [he  or
 she]  SUCH  PERSON reasonably believes such to be necessary to carry out
 such police officer's or peace officer's direction, unless [he  or  she]
 SUCH  PERSON  knows  that the arrest or prospective arrest is not or was
 not authorized and may use deadly  physical  force  under  such  circum-
 stances when:
   (a)  [He  or she] SUCH PERSON reasonably believes such to be necessary
 for self-defense or to defend a third person from what [he or she]  SUCH
 PERSON reasonably believes to be the use or imminent use of deadly phys-
 ical force; or
   (b)  [He  or she] SUCH PERSON is directed or authorized by such police
 officer or peace officer to use deadly physical force unless [he or she]
 SUCH PERSON 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] THEIR own account may
 use physical force, other  than  deadly  physical  force,  upon  another
 person  when  and  to  the  extent  that [he or she] SUCH PRIVATE PERSON
 reasonably believes such to be necessary  to  effect  an  arrest  or  to
 prevent  the  escape  from  custody  of  a  person whom [he or she] THEY
 reasonably [believes] BELIEVE 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] THEY reasonably [believes] BELIEVE such to
 be necessary to[:
   (a) Defend himself, herself] DEFEND THEMSELVES or a third person  from
 what  [he  or she] SUCH PRIVATE PERSON 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] SUCH PERSON 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 POLICE OFFICER OR PEACE 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,
 SUCH POLICE OFFICER OR PEACE OFFICER:
   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.
 S. 6111                             4
 
   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 POLICE OFFICER OR PEACE OFFICER IS GUILTY OF EXCESSIVE USE OF  FORCE
 BY  A  POLICE  OFFICER OR A PEACE OFFICER IN THE SECOND DEGREE WHEN SUCH
 POLICE OFFICER OR PEACE OFFICER, 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 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  POLICE OFFICER OR PEACE OFFICER IS GUILTY OF EXCESSIVE USE OF FORCE
 BY A POLICE OFFICER OR A PEACE OFFICER IN THE  FIRST  DEGREE  WHEN  SUCH
 POLICE  OFFICER  OR PEACE OFFICER, 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.