New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A2431 Latest Draft

Bill / Introduced Version Filed 02/15/2022

                            ASSEMBLY, No. 2431   STATE OF NEW JERSEY 220th LEGISLATURE    INTRODUCED FEBRUARY 14, 2022   

ASSEMBLY, No. 2431 



STATE OF NEW JERSEY

220th LEGISLATURE

  

INTRODUCED FEBRUARY 14, 2022

 

   Sponsored by: Assemblywoman  VERLINA REYNOLDS-JACKSON District 15 (Hunterdon and Mercer) Assemblyman  BENJIE E. WIMBERLY District 35 (Bergen and Passaic) Assemblywoman  ANGELA V. MCKNIGHT District 31 (Hudson)         SYNOPSIS      Establishes crime of law enforcement officer choking another person; designated as George Floyd's Law.    CURRENT VERSION OF TEXT       As introduced.     

 

Sponsored by:

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

 

 

 

SYNOPSIS

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

 

CURRENT VERSION OF TEXT 

     As introduced.

   

 An Act concerning law enforcement, designated as George Floyd's Law, and supplementing Title 2C of the New Jersey Statutes.          Be It Enacted by the Senate and General Assembly of the State of New Jersey:        1.    a.   As used in this act, "law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State and who is acting in the performance of  the officer's duties while in uniform or exhibiting evidence of the officer's authority or status.        b.    A law enforcement officer who knowingly places pressure on a person's throat, windpipe, or carotid artery, thereby hindering or preventing that person's ability to breathe, or interfering with the flow of blood from the person's heart to the  brain, shall be guilty of a crime of the first degree.          2.    This act shall take effect immediately.       STATEMENT        This bill establishes a first degree crime of a law enforcement officer choking another person.        Under the bill, a law enforcement officer who  knowingly places pressure on a person's throat, windpipe, or carotid artery, thereby hindering or preventing that person's ability to breathe, or interfering with the flow of blood from the person's heart to the  brain, is guilty of a crime of the first degree.  First degree crimes are punishable by a prison term of 10 to 20 years, a fine of up to $200,000, or both.      On June 5, 2020, the New Jersey Office of the Attorney General issued notice that it will ban police departments from using chokeholds, carotid artery neck restraints, or similar tactics, except where deadly force is necessary.  This bill prohibits these chokeholds.  The bill is designated as George Floyd's Law, after George Floyd, who died while being choked by a Minneapolis law enforcement officer during an arrest for allegedly using a counterfeit bill. 

An Act concerning law enforcement, designated as George Floyd's Law, and supplementing Title 2C of the New Jersey Statutes.  

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.   As used in this act, "law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State and who is acting in the performance of  the officer's duties while in uniform or exhibiting evidence of the officer's authority or status.  

     b.    A law enforcement officer who knowingly places pressure on a person's throat, windpipe, or carotid artery, thereby hindering or preventing that person's ability to breathe, or interfering with the flow of blood from the person's heart to the  brain, shall be guilty of a crime of the first degree.  

 

     2.    This act shall take effect immediately.  

 

 

STATEMENT

 

     This bill establishes a first degree crime of a law enforcement officer choking another person.  

     Under the bill, a law enforcement officer who  knowingly places pressure on a person's throat, windpipe, or carotid artery, thereby hindering or preventing that person's ability to breathe, or interfering with the flow of blood from the person's heart to the  brain, is guilty of a crime of the first degree.  First degree crimes are punishable by a prison term of 10 to 20 years, a fine of up to $200,000, or both.

     On June 5, 2020, the New Jersey Office of the Attorney General issued notice that it will ban police departments from using chokeholds, carotid artery neck restraints, or similar tactics, except where deadly force is necessary.  This bill prohibits these chokeholds.  The bill is designated as George Floyd's Law, after George Floyd, who died while being choked by a Minneapolis law enforcement officer during an arrest for allegedly using a counterfeit bill.