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.
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.
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.
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.
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.