New York A 3182: Requires providers of residential services to developmentally disabled children to have surveillance cameras in the common areas of their residential facilities

Bill Text

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A03182 Summary:

BILL NOA03182 

&nbsp

SAME ASSAME AS S06173

&nbsp

SPONSORDilan

&nbsp

COSPNSRDavila

&nbsp

MLTSPNSR

&nbsp

Add §§35.35 & 35.40, Pen L

&nbsp

Relates to the justification for the use of force in a homicide by a peace officer or police officer.

Go to top A03182 Actions:

BILL NOA03182 

&nbsp

01/23/2025referred to codes

01/07/2026referred to codes

Go to topA03182 Committee&nbspVotes:

Go to topA03182 Floor&nbspVotes:

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

Go to topA03182 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3182

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. DILAN -- read once and referred to the Committee
 on Codes

 AN ACT to amend the penal law, in relation to the justification for the
 use of force in a homicide by a peace officer or police officer

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

 1 Section 1. The penal law is amended by adding two new sections 35.35
 2 and 35.40 to read as follows:
 3 § 35.35 Justification; use of force by a peace officer or police offi-
 4 cer.
 5 Homicide is justifiable when committed by a peace officer or police
 6 officer and those acting by their command in their aid and assistance,
 7 under either of the following circumstances:
 8 1. In obedience to any judgment of a competent court; or
 9 2. When the homicide results from a peace officer's or police offi-
 10 cer's use of force that is in compliance with section 35.40 of this
 11 article.
 12 § 35.40 Justification; use of force by a peace officer or police officer
 13 requirements.
 14 1. The legislature finds and declares all of the following:
 15 (a) That the authority to use physical force, conferred on peace offi-
 16 cers or police officers by this section, is a serious responsibility
 17 that shall be exercised judiciously and with respect for human rights
 18 and dignity and for the sanctity of every human life. The legislature
 19 further finds and declares that every person has a right to be free from
 20 excessive use of force by officers acting under color of law.
 21 (b) As set forth in this section, it is the intent of the legislature
 22 that peace officers or police officers use deadly force only when neces-
 23 sary in defense of human life. In determining whether deadly force is
 24 necessary, officers shall evaluate each situation in light of the
 25 particular circumstances of each case and shall use other available

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06489-01-5

 A. 3182 2

 1 resources and techniques if reasonably safe and feasible to an objec-
 2 tively reasonable officer.
 3 (c) That the decision by a peace officer or police officer to use
 4 force shall be evaluated carefully and thoroughly, in a manner that
 5 reflects the gravity of that authority and the serious consequences of
 6 the use of force by peace officers or police officers, in order to
 7 ensure that officers use force consistent with law and agency policies.
 8 (d) That the decision by a peace officer or police officer to use
 9 force shall be evaluated from the perspective of a reasonable officer in
 10 the same situation, based on the totality of the circumstances known to
 11 or perceived by the officer at the time, rather than with the benefit of
 12 hindsight and that the totality of the circumstances shall account for
 13 occasions when officers may be forced to make quick judgments about
 14 using force.
 15 (e) That individuals with physical, mental health, developmental or
 16 intellectual disabilities are significantly more likely to experience
 17 greater levels of physical force during police interactions, as their
 18 disability may affect their ability to understand or comply with
 19 commands from peace officers or police officers. It is estimated that
 20 individuals with disabilities are involved in between one-third and
 21 one-half of all fatal encounters with law enforcement.
 22 2. Any peace officer or police officer who has reasonable cause to
 23 believe that the person to be arrested has committed a public offense
 24 may use objectively reasonable force t