New York S 6111: Relates to justifying the use of force by police officers and peace officers and to the excessive use of police force

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S06111 Summary:

BILL NOS06111 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSRGIANARIS, HOYLMAN-SIGAL

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MLTSPNSR

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Amd §35.30, add §§120.75, 120.76 & 120.77, Pen L

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

Go to top S06111 Actions:

BILL NOS06111 

&nbsp

03/05/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS06111 Committee&nbspVotes:

Go to topS06111 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06111 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6111

 2025-2026 Regular Sessions

 IN SENATE

 March 5, 2025
 ___________

 Introduced by Sens. PARKER, GIANARIS, HOYLMAN-SIGAL -- 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 justifying the use of
 force by police officers and peace officers and to the excessive use
 of police force

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 35.30 of the penal law, as added by chapter 73 of
 2 the laws of 1968, the opening paragraph of subdivision 1, subdivisions 2
 3 and 3, the opening paragraph and paragraph (a) of subdivision 4 and
 4 subdivision 5 as amended by chapter 511 of the laws of 2004, paragraph
 5 (c) of subdivision 1 as amended by chapter 843 of the laws of 1980, and
 6 paragraph (b) of subdivision 4 as amended by chapter 264 of the laws of
 7 2003, is amended to read as follows:
 8 § 35.30 Justification; use of physical force in making an arrest or in
 9 preventing an escape.
 10 1. A police officer or a peace officer, in the course of effecting or
 11 attempting to effect an arrest that the officer reasonably believes is
 12 lawful, or of preventing or attempting to prevent the escape from custo-
 13 dy, of a person whom [he or she] such person reasonably believes to have
 14 committed an offense, may use physical force when and to the extent [he
 15 or she] such person reasonably believes such to be necessary to effect
 16 the arrest, or to prevent the escape from custody, or in self-defense or
 17 to defend a third person from what [he or she] such person reasonably
 18 believes to be the use or imminent use of physical force; except that
 19 deadly physical force may be used for such purposes only when [he or
 20 she] such person reasonably believes that:
 21 (a) [The offense committed by such person was:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10664-01-5

 S. 6111 2

 1 (i) a felony or an attempt to commit a felony involving the use or
 2 attempted use or threatened imminent use of physical force against a
 3 person; or
 4 (ii) kidnapping, arson, escape in the first degree, burglary in the
 5 first degree or any attempt to commit such a crime] There is probable
 6 cause to believe that the person has committed a felony involving death
 7 or serious bodily injury, and the officer reasonably believes (i) such
 8 person is armed with a firearm or other deadly weapon, (ii) the individ-
 9 ual would cause death or serious bodily injury to another if not imme-
 10 diately apprehended, (iii) that no less-lethal force alternatives or
 11 non-force tactics or techniques are sufficient to subdue the person, and
 12 (iv) that the officer's use of deadly force does not create a substan-
 13 tial risk of serious bodily injury to any persons other than the person
 14 against whom the deadly force is directed; or
 15 (b) [The offense committed or attempted by such person was a felony
 16 and that, in the course of resisting arrest therefor or attempting to
 17 escape from custody, such person is armed with a firearm or deadly weap-
 18 on; or
 19 (c)] Regardless of the particular offense which is the subject of the
 20 arrest or attempted escape, the use of deadly physical force is neces-
 21 sary to defend the police officer or peace officer or another person
 22 from what the officer reasonably believes to be the use or imminent use
 23 of deadly physical force.
 24 2. For the purposes of this section, a person reasonably believes a
 25 use of fo