Bill > S07272

This bill amends the Penal Law to add new sections 35.35 and 35.40, which provide guidance on the justification for the use of force by peace officers or police officers in homicide cases. The key provisions are: 1. Homicide is justifiable when committed by a peace officer or police officer under certain circumstances, such as in obedience to a court order or when the use of force complies with the new section 35.40. 2. Section 35.40 establishes guidelines for the use of force by peace officers or police officers, including that deadly force may only be used when the officer reasonably believes it is necessary to defend against an imminent threat of death or serious bodily injury, or to apprehend a fleeing person who the officer reasonably believes will cause death or serious bodily injury unless immediately apprehended. The section also provides definitions and other requirements for the use of force. The bill aims to ensure that peace officers and police officers use force judiciously, with respect for human rights and dignity, and only when necessary to protect life.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2023/S7272