Enacts "Cariol's Law"; provides for a duty to intervene when a police officer or peace officer observes another police officer or peace officer using physical force that such officer reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.
Summary
Bill A04735, known as "Cariol's Law," aims to establish a legal duty for police officers and peace officers to intervene when they witness another officer using excessive force. The bill defines excessive use of force and outlines the responsibilities of officers who observe such actions, mandating that they intervene when it is safe to do so. Additionally, the bill stipulates penalties for officers who fail to intervene, including potential criminal liability, civil liability, and disciplinary actions from their employers. It also includes provisions for reporting incidents of excessive force and retroactive protections for officers who were terminated for reporting such incidents in the past twenty years.
Impact
If enacted, Cariol's Law would significantly alter the legal landscape regarding police conduct in New York State. It would create a statutory obligation for officers to act against excessive force, potentially leading to increased accountability within law enforcement agencies. The bill also amends the labor law to protect officers who intervene from retaliatory actions by their employers, thereby encouraging a culture of accountability and transparency in policing. This could lead to a shift in how police departments handle incidents of excessive force and the internal culture surrounding reporting such incidents.
Sentiment
The sentiment surrounding Bill A04735 appears to be mixed, with strong support from advocates for police reform and accountability, who view it as a necessary step toward reducing police violence. However, there are concerns from some law enforcement groups regarding the implications of imposing legal duties on officers, fearing it may complicate their decision-making in high-pressure situations. The lack of voting history and committee discussions makes it difficult to gauge the full spectrum of sentiment among legislators.
Contention
Notable points of contention include the potential for criminal and civil liability for officers who fail to intervene, which some argue could create a chilling effect on police officers' actions in the field. Additionally, there are concerns about the practical implications of defining excessive force and the subjective nature of such determinations. Law enforcement representatives have expressed worries that the bill may lead to increased scrutiny and second-guessing of officers' actions in dynamic situations.
Same As
Enacts "Cariol's Law"; provides for a duty to intervene when a police officer or peace officer observes another police officer or peace officer using physical force that such officer reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.
Enacts "Cariol's Law"; provides for a duty to intervene when a police officer or peace officer observes another police officer or peace officer using physical force that such officer reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.
Enacts "Cariol's Law"; provides for a duty to intervene when a police officer observes another police officer using physical force that he or she reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.
Provides that a person is guilty of aggravated assault upon a police officer or peace officer when, with intent to cause physical injury to another person whom such person knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing such police officer or peace officer's official duties and when aided by two or more other persons actually present at an assembly in a public place, as such term is defined in subdivision one of section 240.00 of this part, such person causes physical injury to such police officer or peace officer.
Grants security officers serving at the village of Ardsley village court peace officer status; provides that such officers shall complete training if they are not otherwise police officers or peace officers.
Grants security officers serving at the village of Ardsley village court peace officer status; provides that such officers shall complete training if they are not otherwise police officers or peace officers.
Limits the circumstances which justify the use of deadly force by a police officer or peace officer to instances when the person committed a felony that threatened or resulted in death or serious bodily injury and the officer reasonably believes that the person will cause death or serious bodily injury to another person unless immediately apprehended.
Limits the circumstances which justify the use of deadly force by a police officer or peace officer to instances when the person committed a felony that threatened or resulted in death or serious bodily injury and the officer reasonably believes that the person will cause death or serious bodily injury to another person unless immediately apprehended.
Limits the circumstances which justify the use of deadly force by a police officer or peace officer to instances when the person committed a felony that threatened or resulted in death or serious bodily injury and the officer reasonably believes that the person will cause death or serious bodily injury to another person unless immediately apprehended.
Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who he or she knows or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such officer or member of such officer's immediate family; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.
Requires Attorney General to establish model duty-to-intervene policy for law enforcement officers; requires entities that employ law enforcement officers to adopt duty-to-intervene policy.
Enacts "Cariol's Law"; provides for a duty to intervene when a police officer or peace officer observes another police officer or peace officer using physical force that such officer reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.