Bill Text: NY A10170 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 10170 (Prior Session Legislation)

Introduced

Bill Title: Establishes the crime of strangulation in the first degree; disregard of banned employment procedures; provides that a person is guilty of strangulation in the first degree; disregard of banned employment procedures when he or she disregards any procedures banned by his or her employment and commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of the penal law, and thereby causes serious physical injury or death to another person; makes such offense a class B felony; bans the use of a chokehold.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-08-20 - referred to codes [A10170 Detail]

Download: New_York-2013-A10170-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10170
                                 I N  A S S E M B L Y
                                    August 20, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Mosley) --
         read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to establishing the crime  of
         strangulation  in  the  first  degree;  disregard of banned employment
         procedures
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 121.11 of the penal law, as added by chapter 405 of
    2  the laws of 2010, is amended to read as follows:
    3  S 121.11 Criminal obstruction of breathing or blood circulation.
    4    A  person  is  guilty  of  criminal  obstruction of breathing or blood
    5  circulation when, with intent to impede the normal breathing  or  circu-
    6  lation of the blood of another person, he or she:
    7    a. applies pressure on the throat or neck of such person; or
    8    b. blocks the nose or mouth of such person; OR
    9    C. USES ANY PROCEDURE KNOWN AS A CHOKEHOLD.
   10    Criminal  obstruction  of  breathing or blood circulation is a class A
   11  misdemeanor.
   12    S 2. The penal law is amended by adding a new section 121.13-a to read
   13  as follows:
   14  S 121.13-A STRANGULATION  IN  THE  FIRST  DEGREE;  DISREGARD  OF  BANNED
   15                EMPLOYMENT PROCEDURES.
   16    A  PERSON IS GUILTY OF STRANGULATION IN THE FIRST DEGREE; DISREGARD OF
   17  BANNED EMPLOYMENT PROCEDURES WHEN HE OR SHE  DISREGARDS  ANY  PROCEDURES
   18  BANNED  BY  HIS  OR  HER  EMPLOYMENT  AND  COMMITS THE CRIME OF CRIMINAL
   19  OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION,  AS  DEFINED  IN  SECTION
   20  121.11  OF  THIS  ARTICLE, AND THEREBY CAUSES SERIOUS PHYSICAL INJURY OR
   21  DEATH TO ANOTHER PERSON.
   22    STRANGULATION IN THE FIRST  DEGREE;  DISREGARD  OF  BANNED  EMPLOYMENT
   23  PROCEDURES IS A CLASS B FELONY.
   24    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15667-03-4