New York 2025-2026 Regular Session

New York Senate Bill S01403

Introduced

1/9/25

Refer

1/9/25

Caption

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.

Impact

Should this bill be enacted, it would amend the executive law and labor law in New York, specifically impacting how police officers handle situations of potential excessive force. It delineates the responsibilities of officers regarding intervention in misconduct, which could reshape internal police protocols and training. By creating a legal framework for intervention, the law may help foster a culture of accountability within law enforcement agencies, potentially decreasing incidences of excessive use of force.

Summary

S01403, known as 'Cariol's Law', aims to enhance police accountability by establishing a legal obligation for officers to intervene when they observe another officer using excessive force. The bill defines excessive force as that which is clearly beyond what is objectively reasonable considering the circumstances. It requires officers to take action if they have a realistic opportunity to do so safely, and failure to intervene could result in criminal liability or disciplinary actions from their employers.

Contention

The bill has garnered support and opposition within legislative discussions. Proponents argue that such legislation is necessary to prevent unnecessary injuries and fatalities caused by police misconduct while advocating for ethical standards among law enforcement personnel. Critics, however, may raise concerns regarding the feasibility of intervention in highly volatile situations, fearing unintended consequences for officers who attempt to intervene.

Implementation

Enforcing 'Cariol's Law' will involve establishing clear guidelines for police conduct and training on recognizing excessive force. Additionally, officers who fail to intervene and are found liable may face significant repercussions, including termination and potential civil liabilities. Complaints regarding a failure to intervene must also be formally reported, thus increasing transparency within police departments.

Latest NY S01403 Activity

View All Events: NY 2025-2026 Regular Session S01403

Companion Bills

NY A04735

Same As 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.

Previously Filed As

NY S01889

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.

NY A06023

NY S08449

Relates to justifying the use of force by police officers and peace officers and to the excessive use of police force.

NY S00739

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.

NY A06474

NY A01562

Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who he or she knows or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such officer or member of such officer's immediate family; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.

NY S02522

NY A00681

Prohibits prior peace officers or police officers whose position as such was terminated or vacated due to misconduct from again becoming a peace officer or a police officer.

NY S04348

Deems individuals facing criminal charges as being incapable of consent when the actor is a police officer, peace officer or other law enforcement agent who knows or reasonably should know that such person is facing pending charges unless such person is a member of the same family or household as such police officer, peace officer or other law enforcement agent.

NY A00739

Requires the termination of any police officer or peace officer who uses physical force which is not justifiable or which is not part of procedure regardless of if harm is done any person or if any complaint is filed against such police officer or peace officer.