New York A 4735: Enacts "Cariol's Law"

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A04735 Summary:

BILL NOA04735B

&nbsp

SAME ASSAME AS S01403-A

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SPONSORChandler-Waterman (MS)

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COSPNSRGibbs, Zinerman, Anderson, Burroughs, Jackson, Lucas, Meeks

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MLTSPNSR

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Add §839-a, Exec L; amd §740, Lab L

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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.

Go to top A04735 Actions:

BILL NOA04735B

&nbsp

02/06/2025referred to codes

03/03/2025amend and recommit to codes

03/03/2025print number 4735a

06/09/2025amend and recommit to codes

06/09/2025print number 4735b

01/07/2026referred to codes

Go to topA04735 Committee&nbspVotes:

Go to topA04735 Floor&nbspVotes:

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

Go to topA04735 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4735--B

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 6, 2025
 ___________

 Introduced by M. of A. CHANDLER-WATERMAN, GIBBS, ZINERMAN, ANDERSON,
 BURROUGHS, JACKSON, LUCAS, MEEKS, O'PHARROW -- read once and referred
 to the Committee on Codes -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee --
 again reported from said committee with amendments, ordered reprinted
 as amended and recommitted to said committee

 AN ACT to amend the executive law and the labor law, in relation to
 enacting "Cariol's Law"

 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 "Cariol's law"
 2 or "duty to intervene".
 3 § 2. The executive law is amended by adding a new section 839-a to
 4 read as follows:
 5 § 839-a. Excessive use of force; duty to intervene. 1. Definitions.
 6 For the purposes of this section, the following terms shall have the
 7 following meanings:
 8 (a) "police officer" shall have the same meaning as provided for in
 9 subdivision thirty-four of section 1.20 of the criminal procedure law;
 10 (b) "peace officer" shall have the same meaning as provided for in
 11 section 2.10 of the criminal procedure law;
 12 (c) "use of force" shall include, but shall not be limited to:
 13 (i) brandishing, pointing, using or discharging a firearm at or in the
 14 direction of another person;
 15 (ii) using a chokehold or similar restraint that applies pressure to
 16 the throat or windpipe of a person in a manner that may hinder breathing
 17 or reduce intake of air;
 18 (iii) displaying, using or deploying a chemical agent, including, but
 19 not limited to, oleoresin capsicum, pepper spray or tear gas;
 20 (iv) brandishing, using or deploying an impact weapon, including, but
 21 not limited to, a baton or billy club;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04222-05-5

 A. 4735--B 2

 1 (v) brandishing, using or deploying an electronic control weapon,
 2 including, but not limited to, an electronic stun gun, flash bomb or
 3 long-range acoustic device; or
 4 (vi) engaging in conduct which results in the death or serious bodily
 5 injury of another person.
 6 (d) "objectively reasonable" shall mean a standard used to judge a
 7 police officer's use of force which are reasonable based on the totality
 8 of the circumstances known to such officer at the time of such use of
 9 force;
 10 (e) "physical injury" shall have the same meaning as provided for in
 11 subdivision nine of section 10.00 of the penal law; and
 12 (f) "serious physical injury" shall have the same meaning as provided
 13 for in subdivision ten of section 10.00 of the penal law.
 14 2. Duty to intervene. An on-duty police officer or on-duty peace offi-
 15 cer who is present and observes another police officer or peace officer
 16 using physical force that such officer reasonably believes to be clearly
 17 excessive or beyond that which is objectively reasonable under the
 18 circumstances, shall be required, when such officer has a realistic
 19 opportunity to do so safely, to intervene to prevent the use of such
 20 excessive force.
 21 3. Fa