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.
Summary
A07193 would narrow when police officers and peace officers in New York may use deadly physical force during an arrest or while preventing escape from custody. Under current law, deadly force can be justified in a broader set of circumstances, including certain felonies, some escape situations, and self-defense or defense of others. This bill would replace those broader categories with a more restrictive standard focused on whether the underlying felony threatened or resulted in death or serious bodily injury, and whether the officer reasonably believes the person will cause death or serious bodily injury to another person unless immediately apprehended.
The bill also adds a new rule stating that deadly force may not be used based solely on the danger a person poses to the officer unless an objectively reasonable officer would believe the person presents an imminent threat of death or serious bodily injury to the officer or another person. It further requires officers, where feasible, to identify themselves and warn that deadly force may be used before firing, unless the person already knows those facts.
Impact
This bill would amend Penal Law section 35.30, which governs justification for the use of physical and deadly physical force by police and peace officers. It would remove several existing justifications for deadly force, including the prior felony-based and armed-resistance provisions, and replace them with a narrower imminent-harm standard tied to death or serious bodily injury. The practical effect would be to limit when officers can lawfully use deadly force in arrests and escape situations, and to impose an additional warning/identification expectation when feasible.
Sentiment
The available materials show the bill as a reform measure aimed at restraining police use of deadly force, with its caption emphasizing tighter limits and a higher threshold for justification. No committee transcript or vote record is provided, so there is no documented floor or committee debate to indicate support or opposition. Based on the text alone, the bill appears to reflect a public-safety and police-accountability approach rather than an expansion of law-enforcement authority.
Contention
The main point of contention is likely to be the bill’s narrowing of police discretion in high-risk encounters. Supporters would likely favor the stricter deadly-force standard, the removal of broader felony and armed-escape justifications, and the added warning requirement. Opponents would likely argue that the bill could endanger officers or hinder rapid responses in dangerous arrests and escapes, especially by limiting deadly force to situations involving imminent death or serious bodily injury.
Same As
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.
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.
Criminalizes owner or landlord knowingly renting dwelling to tenant that is illegal occupancy which causes serious bodily injury to or death of another person.
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.
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.
Provides that a person is guilty of assault in the second degree when such person recklessly or with intent to cause physical injury to another person causes physical injury to another person in any place, conveyance, or vehicle used for public transportation or public transit; provides that a person is guilty of assault in the first degree when with intent to cause serious physical injury to another person such person causes such injury to such other person in any place, conveyance, or vehicle used for public transportation or public transit.
Clarifies that encouraging another person to cause bodily injury, by filming, photographing, or otherwise recording injury-causing act, is form of crime of endangering injured victim.