Bill Text: NY A02952 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to the use of deadly force by police officers

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-05-18 - held for consideration in codes [A02952 Detail]

Download: New_York-2009-A02952-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2952
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced  by M. of A. ROBINSON -- Multi-Sponsored by -- M. of A. TOWNS
         -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to the use of deadly force by
         police officers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 2 of
    2  section 35.15 of the penal law, as amended by chapter 511 of the laws of
    3  2004, is amended to read as follows:
    4    (ii) a police officer or peace officer or a person assisting a  police
    5  officer or a peace officer at the latter's direction, acting pursuant to
    6  section  35.30  OF  THIS ARTICLE; PROVIDED, HOWEVER, HE OR SHE USES SUCH
    7  FORCE WITH THE INTENT TO STOP, RATHER THAN KILL, THE PERSON  WHO  HE  OR
    8  SHE REASONABLY BELIEVES IS USING UNLAWFUL FORCE, AND USES ONLY THE MINI-
    9  MAL AMOUNT OF FORCE NECESSARY TO EFFECT SUCH STOP; or
   10    S 2. Paragraph (c) of subdivision 1 of section 35.30 of the penal law,
   11  as  amended  by  chapter  843 of the laws of 1980, is amended to read as
   12  follows:
   13    (c) Regardless of the particular offense which is the subject  of  the
   14  arrest  or  attempted escape, the use of deadly physical force is neces-
   15  sary to defend the police officer or peace  officer  or  another  person
   16  from  what the officer reasonably believes to be the use or imminent use
   17  of deadly physical force; PROVIDED, HOWEVER, HE OR SHE USES  SUCH  FORCE
   18  WITH  THE  INTENT  TO  STOP, RATHER THAN KILL, A PERSON FROM ESCAPING OR
   19  RESISTING ARREST, AND USES ONLY THE MINIMAL AMOUNT OF FORCE NECESSARY TO
   20  EFFECT SUCH STOP.
   21    S 3. Section 125.15 of the penal law is amended to read as follows:
   22  S 125.15 Manslaughter in the second degree.
   23    A person is guilty of manslaughter in the second degree when:
   24    1. He OR SHE recklessly causes the death of another person; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01859-01-9
       A. 2952                             2
    1    2. He OR SHE commits upon a female an abortional act which causes  her
    2  death, unless such abortional act is justifiable pursuant to subdivision
    3  three of section 125.05 OF THIS ARTICLE; or
    4    3.  He  OR  SHE  intentionally causes or aids another person to commit
    5  suicide[.]; OR
    6    4. HE OR SHE IS A POLICE OFFICER OR PEACE OFFICER WHO KILLS  A  PERSON
    7  BY  USE  OF  A  LOADED WEAPON, FOR A PURPOSE OTHERWISE JUSTIFIED BY LAW,
    8  WITH THE INTENT TO KILL, RATHER THAN STOP, SUCH PERSON, AND  BEYOND  THE
    9  MINIMAL AMOUNT OF FORCE NECESSARY TO STOP THE PERSON.
   10    Manslaughter in the second degree is a class C felony.
   11    S 4. This act shall take effect on the first of November next succeed-
   12  ing the date on which it shall have become a law.