New York S 5741: Relates to coverage and billing procedures in the Medicaid program for complex rehabilitation technology for patients with complex medical needs

Bill Text

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S05741 Summary:

BILL NOS05741 

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SAME ASSAME AS A07193

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §35.30, Pen L

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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.

Go to top S05741 Actions:

BILL NOS05741 

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02/28/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05741 Committee&nbspVotes:

Go to topS05741 Floor&nbspVotes:

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

Go to topS05741 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5741

 2025-2026 Regular Sessions

 IN SENATE

 February 28, 2025
 ___________

 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] such offi-
 11 cer reasonably believes to have committed an offense, may use physical
 12 force when and to the extent [he or she] such officer reasonably
 13 believes such to be necessary to effect the arrest, or to prevent the
 14 escape from custody, or in self-defense or to defend a third person from
 15 what [he or she] such officer reasonably believes to be the use or immi-
 16 nent use of physical force; except that deadly physical force may be
 17 used for such purposes only when [he or she] such officer reasonably
 18 believes that:
 19 (a) The offense committed by such person was[:
 20 (i) a felony or an attempt to commit a felony involving the use or
 21 attempted use or threatened imminent use of physical force against a
 22 person; or
 23 (ii) kidnapping, arson, escape in the first degree, burglary in the
 24 first degree or any attempt to commit such a crime] a felony that
 25 threatened or resulted in death or serious bodily injury, if the officer

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07943-01-5

 S. 5741 2

 1 reasonably believes that the person will cause death or serious bodily
 2 injury to another person unless immediately apprehended. Where feasible,
 3 a police officer or peace officer shall, prior to the use of force,
 4 make reasonable efforts to identify themselves as a police officer or
 5 peace officer and to warn that deadly force may be used, unless the
 6 officer has objectively reasonable grounds to believe such person is
 7 aware of those facts; or
 8 (b) [The offense committed or attempted by such person was a felony
 9 and that, in the course of resisting arrest therefor or attempting to
 10 escape from custody, such person is armed with a firearm or deadly weap-
 11 on; or
 12 (c)] Regardless of the particular offense which is the subject of the
 13 arrest or attempted escape, the use of deadly physical force is neces-
 14 sary to defend the police officer or peace officer or another person
 15 from what the officer reasonably believes to be the use or imminent use
 16 of deadly physical force.
 17 1-a. A police officer or peace officer shall not use deadly force
 18 against a person based on the danger that such person poses to such
 19 officer, if an objectively reasonable officer would believe the person
 20 does not pose an imminent threat of death o