New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S1393

Introduced
2/10/22  

Caption

Clarifies that law enforcement officer who knowingly chokes another person engages in use of deadly force.

Impact

Should S1393 pass, it will have significant ramifications for how law enforcement utilizes choke-holds and similar techniques during apprehensions or confrontations. Currently, the justification for employing deadly force is tightly regulated, only permissible under certain life-threatening circumstances. This bill expands the scope of what are considered deadly encounters, thereby imposing stricter limitations on when an officer may lawfully choke an individual, aiming to enhance accountability and public safety.

Summary

Bill S1393, introduced in the New Jersey legislature, aims to amend existing definitions surrounding the use of deadly force by law enforcement officers. The bill specifically clarifies that when a law enforcement officer knowingly applies pressure to another person's throat, windpipe, or carotid artery—thereby hindering their ability to breathe or cutting off blood flow from the heart to the brain—such action is categorized as deadly force. This adjustment responds to concerns regarding the interpretation and application of force by police that could lead to severe bodily harm or fatalities.

Enactment

If enacted, S1393 will take effect immediately, reinforcing the notion that choke-holds by law enforcement are not merely permissible actions during confrontations but rather serious forms of force that carry significant implications for officer conduct and public trust.

Contention

Debate surrounding S1393 may center on the balance between law enforcement’s operational needs and the community’s demand for transparency and accountability. Law enforcement advocates could argue that the bill may hinder officers' ability to effectively manage dangerous situations where applying a choke-hold might be seen as necessary. Opponents, on the other hand, likely argue that such measures are crucial to prevent excessive use of force, especially in light of ongoing discussions about police reform and civil rights. Overall, S1393 reflects the ongoing tension between enforcing safety while protecting individual rights.

Companion Bills

No companion bills found.

Previously Filed As

NJ A1371

Establishes that law enforcement officer who chokes another utilizes deadly force.

NJ A3273

Establishes that law enforcement officer who chokes another utilizes deadly force.

NJ S2996

Requires Attorney General to revise guidelines regarding use of conducted energy devices by law enforcement officers; establishes law enforcement conducted energy device training.

NJ A4698

Requires Attorney General to revise guidelines regarding use of conducted energy devices by law enforcement officers; establishes law enforcement conducted energy device training.

NJ S775

Requires Attorney General to revise guidelines regarding use of conducted energy devices by law enforcement officers; establishes law enforcement conducted energy device training.

NJ A2431

Establishes crime of law enforcement officer choking another person; designated as George Floyd's Law.

NJ S265

Establishes crime of law enforcement officer choking another person; designated as George Floyd's Law.

NJ S1494

Establishes crime of law enforcement officer choking another person; designated as George Floyd's Law.

NJ A870

Establishes crime of law enforcement officer choking another person; designated as George Floyd's Law.

NJ SF181

Law clarification on use of force in defense of home and person

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