STATE OF NEW YORK ________________________________________________________________________ 739 2023-2024 Regular Sessions IN SENATE January 6, 2023 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to justification for the use of deadly physical force by a police or peace officer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 police use of deadly force restraint act". 3 § 2. Subdivision 1 of section 35.30 of the penal law, as added by 4 chapter 73 of the laws of 1968, the opening paragraph as amended by 5 chapter 511 of the laws of 2004, and paragraph (c) as amended by chapter 6 843 of the laws of 1980, is amended and a new subdivision 1-a is added 7 to read as follows: 8 1. A police officer or a peace officer, in the course of effecting or 9 attempting to effect an arrest, or of preventing or attempting to 10 prevent the escape from custody, of a person whom he or she reasonably 11 believes to have committed an offense, may use physical force when and 12 to the extent he or she reasonably believes such to be necessary to 13 effect the arrest, or to prevent the escape from custody, or in self-de- 14 fense or to defend a third person from what he or she reasonably 15 believes to be the use or imminent use of physical force; except that 16 deadly physical force may be used for such purposes only when he or she 17 reasonably believes that: 18 (a) The offense committed by such person was[: 19 (i) a felony or an attempt to commit a felony involving the use or 20 attempted use or threatened imminent use of physical force against a 21 person; or 22 (ii) kidnapping, arson, escape in the first degree, burglary in the 23 first degree or any attempt to commit such a crime] a felony that 24 threatened or resulted in death or serious bodily injury, if the officer 25 reasonably believes that the person will cause death or serious bodily EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03275-01-3
S. 739 2 1 injury to another person unless immediately apprehended. Where feasible, 2 a police officer or peace officer shall, prior to the use of force, 3 make reasonable efforts to identify himself or herself as a police offi- 4 cer or peace officer and to warn that deadly force may be used, unless 5 the officer has objectively reasonable grounds to believe such person is 6 aware of those facts; or 7 (b) [The offense committed or attempted by such person was a felony 8 and that, in the course of resisting arrest therefor or attempting to 9 escape from custody, such person is armed with a firearm or deadly weap- 10 on; or 11 (c)] Regardless of the particular offense which is the subject of the 12 arrest or attempted escape, the use of deadly physical force is neces- 13 sary to defend the police officer or peace officer or another person 14 from what the officer reasonably believes to be the use or imminent use 15 of deadly physical force. 16 1-a. A police officer or peace officer shall not use deadly force 17 against a person based on the danger that such person poses to himself 18 or herself, if an objectively reasonable officer would believe the 19 person does not pose an imminent threat of death or serious bodily inju- 20 ry to the police officer, peace officer or to another person. 21 § 3. This act shall take effect immediately.