A06144 Summary:

BILL NOA06144B
 
SAME ASSAME AS S06670-B
 
SPONSORMosley
 
COSPNSRHeastie, Peoples-Stokes, Aubry, Reyes, Blake, Otis, Carroll, Rosenthal L, Pichardo, Epstein, Hunter, Niou, Simon, Richardson, Crespo, Rodriguez, Lifton, Joyner, Simotas, Bichotte, Glick, Davila, Vanel, Ortiz, Perry, Kim, Lupardo, Weprin, Stirpe, Abinanti, Arroyo, Bronson, Cahill, Cruz, De La Rosa, DenDekker, Dinowitz, Fernandez, Frontus, Galef, Gottfried, Hyndman, Jacobson, Jaffee, McDonald, Nolan, O'Donnell, Pretlow, Ramos, Rosenthal D, Rozic, Seawright, Steck, Taylor, Thiele, Walker, Weinstein, Wright
 
MLTSPNSR
 
Add 121.13-a, amd 121.14 & 70.02, Pen L
 
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.
Go to top    

A06144 Actions:

BILL NOA06144B
 
02/28/2019referred to codes
10/23/2019amend and recommit to codes
10/23/2019print number 6144a
01/08/2020referred to codes
06/05/2020amend (t) and recommit to codes
06/05/2020print number 6144b
06/08/2020reported referred to rules
06/08/2020reported
06/08/2020rules report cal.62
06/08/2020ordered to third reading rules cal.62
06/08/2020passed assembly
06/08/2020delivered to senate
06/08/2020REFERRED TO RULES
06/08/2020SUBSTITUTED FOR S6670B
06/08/20203RD READING CAL.693
06/08/2020PASSED SENATE
06/08/2020RETURNED TO ASSEMBLY
06/11/2020delivered to governor
06/12/2020signed chap.94
06/12/2020approval memo.1
Go to top

A06144 Committee Votes:

RULES Chair:Heastie DATE:06/08/2020AYE/NAY:24/2 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeCrouchAye
LentolAyeFinchExcused
GanttExcusedHawleyAye
NolanAyeGiglioAye
WeinsteinAyeMalliotakisNay
OrtizExcusedBlankenbushAye
PretlowAyeNorrisNay
CookAye
GlickExcused
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye

CODES Chair:Lentol DATE:06/08/2020AYE/NAY:17/4 Action: Favorable refer to committee Rules
LentolAyeMorinelloNay
SchimmingerExcusedGiglioAye
PretlowAyeMontesanoNay
CookAyePalumboNay
CymbrowitzAyeGarbarinoAye
O'DonnellAyeReillyNay
LavineAye
PerryAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye

Go to top

A06144 Floor Votes:

DATE:06/08/2020Assembly Vote  YEA/NAY: 139/5
AbbateYCrespoYGalefYLiftonYPeoples-StokesYSmithY
AbinantiYCrouchYGanttERLiPetriNOPerryYSmullenY
ArroyoYCruzYGarbarinoYLupardoYPheffer AmatoYSolagesY
AshbyYCusickYGiglioYMagnarelliYPichardoYStecY
AubryYCymbrowitzYGlickYMalliotakisYPretlowYSteckY
BarclayYDarlingYGoodellYManktelowYQuartYSternY
BarnwellYDavilaYGottfriedYMcDonaldYRaYStirpeY
BarrettYDe La RosaYGriffinYMcDonoughYRamosYTagueY
BarronYDenDekkerYGuntherYMcMahonYReillyYTaylorY
BenedettoYDeStefanoYHawleyYMikulinYReyesYThieleY
BichotteYDickensYHevesiYMill B YRichardsonYVanelY
BlakeYDilanYHunterYMill MGYRiveraYWalczykY
BlankenbushYDinowitzYHyndmanYMill MLYRodriguezYWalkerY
BrabenecYDiPietroNOJacobsonYMontesanoYRose D YWallaceY
BraunsteinYD'UrsoYJaffeeYMorinelloYRose L YWalshY
BronsonYEichensteinYJean-PierreYMosleyYRozicYWeinsteinY
BuchwaldYEnglebrightYJohnsYNiouYRyanYWeprinY
BurkeYEpsteinYJonesYNolanYSalkaYWilliamsY
ButtenschonYFahyYJoynerYNorrisYSantabarbaraYWoernerY
ByrneYFallYKimYO'DonnellYSayeghYWrightY
ByrnesYFernandezYKolbYOrtizYSchimmingerERZebrowskiY
CahillYFinchERLalorNOOtisYSchmittYMr SpkrY
CarrollYFitzpatrickYLavineYPalmesanoYSeawrightY
ColtonYFriendNOLawrenceNOPalumboYSimonY
CookYFrontusYLentolYPaulinYSimotasY

Go to top

A06144 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6144B                 Revised 6/8/2020
 
SPONSOR: Mosley
  TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of aggravated strangulation   PURPOSE OR GENERAL IDEA OF BILL: Establishes criminal penalties for the use of a chokehold by a police or peace officer causing serious physical injury or death.   SUMMARY OF PROVISIONS: This act is designated the "Eric Garner Anti-Chokehold Act." The bill amends the Penal Law by adding a new section, 121.13-a. This section provides that a police or peace officer who: commits criminal obstruction of breathing or blood circulation in violation of section 121.11 of the Penal Law, or uses a chokehold as defined in paragraph (b) of subdivision one of section 837-t of the Executive Law or any similar restraint, and thereby causes serious physical injury or death to another person, would be guilty of Aggravated Strangulation. It would be an affirmative defense that officer engaged in such conduct for a valid medical purpose. Further, the bill adds this offense to the list of violent felony offenses set forth in section 70.02 of the Penal Law.   JUSTIFICATION: In 1993, the New York City Police Department completely banned its offi- cers from using a procedure commonly referred to as a "chokehold." The NYPD patrol guide bans chokeholds, defined as "includ  ing, but ... not limited to, any pressure to the throat or windpipe which may prevent or hinder breathing to reduce intakes of air"   SEE ALSO Barry Paddock and Thomas Tracy,"NYPD Patrol Guide Clearly States Members Cannot Use Choke- holds,"   NEW YORK DAILY NEWS (July 18, 2014). Despite the ban, Bronx resident Anthony Baez died in 1994 as a result of a chokehold. Baez' had been throwing a football with friends; the foot- ball apparently hit a police car. Baez was unarmed. The officer was ultimately tried before a federal jury and convicted. On July 17, 2014, Eric Garner, who was also unarmed and accused of sell- ing loose cigarettes, was placed in a chokehold by an officer of the NYPD. Despite Mr. Garner's audible pleas that he could not breathe, the officers proceeded to put him in handcuffs, face down. He died later at a hospital. It is clear the NYPD's administrative ban on the use of chokeholds is not sufficient to prevent police officers from using this method to restrain individuals they are trying to arrest. Between 2014 and 2020, the New York City Civilian Complaint Review Board reported 996 allega- tions from people who said they had been subjected to a chokehold; 276 in 2014, 172 in 2015, 139 in 2016, 132 in 2017, 129 in 2018, 116 in 2019, and 32 thus far in 2020(NYC Civilian Complaint Review Board, Data Transparency Initiative, June 7, 2020).Not only has department ban not been enforced, but there is evidence that the penalties for using a chokehold have sometimes been little more than a loss of vacation time. J. David Goodman,   THE NEW YORK TIMES (July 21, 2014). The NYPD is either unable or unwilling to enforce its own patrol guide. The use of chokeholds has resulted in deaths, and its use continues unabated. Criminal sanctions must be established for those who continue to engage in this banned procedure. It is noted that defenses and affirmative defenses in the Penal Law would potentially be available here as with any crime, when applicable; among those of relevance might be those in Article 35 of the Penal Law.   PRIOR LEGISLATIVE HISTORY: 2019-20: A.6114A; referred to Codes 2017-18: A.1699; referred to codes 2015-16: A3361; Referred to Codes / S346; Referred to Codes 2014:A10170; Referred to Codes / S7929; Referred to Rules   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediate.
Go to top

A06144 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6144--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Eric Garner anti-chokehold act".
     3    § 2. The penal law is amended by adding a new section 121.13-a to read
     4  as follows:
     5  § 121.13-a Aggravated strangulation.
     6    A person is guilty of aggravated strangulation when,  being  a  police
     7  officer  as  defined  in  subdivision thirty-four of section 1.20 of the
     8  criminal procedure law or a peace officer as defined in section 2.10  of
     9  the  criminal  procedure  law,  he  or she commits the crime of criminal
    10  obstruction of breathing or blood circulation,  as  defined  in  section
    11  121.11  of  this  article,  or uses a chokehold or similar restraint, as
    12  described in paragraph b of subdivision one  of  section  eight  hundred
    13  thirty-seven-t of the executive law, and thereby causes serious physical
    14  injury or death to another person.
    15    Aggravated strangulation is a class C felony.
    16    §  3.  Section 121.14 of the penal law, as added by chapter 405 of the
    17  laws of 2010, is amended to read as follows:
    18  § 121.14 Medical or dental purpose.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10132-06-0

        A. 6144--B                          2
 
     1    For purposes of [sections] section 121.11,  121.12  [and],  121.13  or
     2  121.13-a  of  this  article, it shall be an affirmative defense that the
     3  defendant performed such conduct for a valid medical or dental purpose.
     4    § 4. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
     5  as  amended  by  chapter  476 of the laws of 2018, is amended to read as
     6  follows:
     7    (b) Class C violent felony offenses: an attempt to commit any  of  the
     8  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
     9  vated criminally negligent homicide as defined in section 125.11, aggra-
    10  vated manslaughter in the second degree as defined  in  section  125.21,
    11  aggravated  sexual  abuse  in  the  second  degree as defined in section
    12  130.67, assault on a peace officer, police officer, firefighter or emer-
    13  gency medical  services  professional  as  defined  in  section  120.08,
    14  assault  on  a  judge  as defined in section 120.09, gang assault in the
    15  second degree as defined in section 120.06, strangulation in  the  first
    16  degree as defined in section 121.13, aggravated strangulation as defined
    17  in section 121.13-a, burglary in the second degree as defined in section
    18  140.25, robbery in the second degree as defined in section 160.10, crim-
    19  inal  possession  of a weapon in the second degree as defined in section
    20  265.03, criminal use of a firearm in the second  degree  as  defined  in
    21  section  265.08,  criminal  sale  of  a  firearm in the second degree as
    22  defined in section 265.12, criminal sale of a firearm with the aid of  a
    23  minor  as defined in section 265.14, aggravated criminal possession of a
    24  weapon as defined in section 265.19, soliciting or providing support for
    25  an act of terrorism in the first degree as defined  in  section  490.15,
    26  hindering  prosecution  of  terrorism in the second degree as defined in
    27  section 490.30, and criminal possession of a chemical weapon or  biolog-
    28  ical weapon in the third degree as defined in section 490.37.
    29    § 5. This act shall take effect immediately.
Go to top

A06144 LFIN:

 NO LFIN
Go to top