BILL NUMBER: S6111
SPONSOR: PARKER
 
TITLE OF BILL:
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
 
PURPOSE:
To improve law enforcement practices and increase accountability
concerning civilian deaths caused by police officers or peace officers,
this legislation amends the law that justifies use of force by police
officers and peace officers in order to ensure that alternatives to
force or lower levels of force are used before officers use significant
physical force or lethal force on civilians; and it ensures that prose-
cutors have increased options to identity a just outcome where law
enforcement causes harm to individuals.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 35.30 of the Penal Law. The amend-
ments would:
*withdraw the authority for police officers and peace officers to use
lethal force on individuals where they reasonably believe that the
offense committed by such person was 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 where the person engaged in kidnap-
ping, arson, escape in the first degree, burglary in the first degree or
any attempt to commit those crimes.
*withdraw the authority for police officers and peace officers to use
lethal force on individuals where they reasonably believe 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 custo-
dy, such person is armed with a firearm or deadly weapon.
*Authorize the use of lethal force by a police officer or peace officer
where (a) there is probable cause to believe that the person has commit-
ted 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 individual would cause death or serious bodily
injury to another if not immediately apprehended (iii) that no less-
lethal force alternatives or non-force tactics or technique's are suffi-
cient to subdue the person, and (iv) that the officer's use of deadly
force does not create a substantial risk of serious bodily injury to any
persons other than the person against whom the deadly force is directed.
*State that for purposes of section 35.30 of the Penal Law, a person
reasonably believes a use of force is necessary when (i) he or she actu-
ally holds that belief, and (ii) a reasonable person under the same
circumstances would hold that belief.
*State that for purposes of section 35.30 of the Penal Law, physical
force is "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.
*State that for purposes of section 35.30 of the Penal Law, a threat is
"imminent" when the person reasonably appears to have the present abili-
ty, opportunity, and apparent intent to immediately inflict injury.
*Establish that any level of force by a police officer or peace officer
may be deemed not justified pursuant to subdivision one of section 35.30
of the Penal Law if such officer engaged in conduct that created a
substantial and unjustifiable risk that force would become necessary.
*Establish that 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.
*Withdraw the authority of a private citizen to use deadly physical
force when he or she reasonably believes it is to be necessary to 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.
Section 2 of the bill adds three new sections to the Penal Law, section
120.75, 120.76, and 120.77. Those sections would:
*Establish the crime of excessive use of force by a police officer or
peace officer in the third degree.
*Establish the crime of excessive use of force by a police officer or
peace officer in the second degree.
*Establish the crime of excessive use of force by a police officer or
peace officer in the first degree.
Section 3 of the bill sets forth the effective date.
 
JUSTIFICATION:
The current law that justifies use of force, including lethal force, by
police officers and peace officers fails to prioritize the preservation
of the lives of civilians. It authorizes law enforcement to use lethal
force even where an individual does not present an imminent threat of
harm to the officer or another person and fails to require law enforce-
ment to avoid the use of force through tactics including de-escalation
or verbal warnings or use lower levels of force where those alternative
means of intervention are reasonable.
 
LEGISLATIVE HISTORY
2024- S8449-REFERRED TO CODES
 
FINANCIAL
TBD
 
EFFECTIVE DATE
Immediately