Bill > A01308

This bill amends the New York Penal Law to establish new sections 35.35 and 35.40 regarding the justification for the use of force by peace officers or police officers in homicides. The key provisions include: (1) defining the circumstances under which homicide by a peace officer or police officer is justifiable, such as when following a court order or when the use of force complies with the requirements in section 35.40; (2) setting forth the legislative findings and intent that peace officers and police officers should use deadly force only when necessary to defend against an imminent threat of death or serious bodily injury, and should use other available resources and techniques if reasonably safe and feasible; (3) specifying the factors to be considered in evaluating an officer's use of force, including the totality of the circumstances and the perspective of a reasonable officer; and (4) providing additional guidance and limitations on the use of deadly force, such as the requirement to identify themselves as an officer and give a warning, and the prohibition on using deadly force against a person who only poses a danger to themselves.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2023/A1308