Relates to being a good samaritan; adds "reasonable intervention" as a reason to be protected from liability; provides that a person may use physical force when and to the extent that such person reasonably believes that reasonable intervention is necessary to maintain order, but may use deadly physical force only when such person reasonably believes that reasonable intervention is necessary to prevent death or serious physical injury; appropriates $500,000 for public service announcements and community-based training programs aimed at educating people about the legal protections and responsibilities of being a good samaritan.
Summary
Bill A04968, known as the 'Penny for a Hero Good Samaritan Protection Act', aims to encourage and protect individuals who intervene in emergency situations to save lives. It establishes a legal framework that distinguishes between lawful assistance in life-threatening emergencies and unlawful behavior, ensuring that those who act in good faith are safeguarded from criminal liability. The bill also introduces the concept of 'reasonable intervention', which protects individuals from liability if their actions, intended to prevent imminent harm, escalate beyond their original intent. Additionally, the bill allocates funds for public service announcements and community training programs to educate citizens about these legal protections.
Impact
If enacted, this bill will amend the executive law, penal law, and civil rights law in New York State, providing clearer protections for Good Samaritans. It will redefine the legal parameters surrounding the use of physical force in emergencies and establish civil immunity for those providing assistance without expectation of compensation, unless gross negligence is proven. This could lead to increased public willingness to intervene in emergencies, potentially saving lives and reducing the fear of legal repercussions for bystanders.
Sentiment
The sentiment surrounding Bill A04968 appears to be mixed. While there is support for encouraging community members to assist in emergencies, concerns have been raised regarding the potential for misuse of the expanded definitions of reasonable intervention and the implications for public safety. The bill has garnered attention due to its connection to recent high-profile incidents, which has sparked debate among lawmakers and the public.
Contention
Notable points of contention include concerns from some lawmakers about the potential for the bill to encourage excessive use of force under the guise of 'reasonable intervention'. Critics argue that the definitions provided may be too broad, leading to ambiguity in legal interpretations. Supporters, however, emphasize the need for clear protections for those who act heroically in emergencies, citing the importance of fostering a culture of assistance.
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.
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.
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.