STATE OF NEW YORK
        ________________________________________________________________________

                                         6670--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     August 26, 2019
                                       ___________

        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the penal law, in relation to establishing the crime of
          strangulation in the first  degree;  disregard  of  banned  employment
          procedures

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Eric Garner anti-chokehold act".
     3    §  2.  Section 121.11 of the penal law, as added by chapter 405 of the
     4  laws of 2010, is amended to read as follows:
     5  § 121.11 Criminal obstruction of breathing or blood circulation.
     6    A person is guilty of  criminal  obstruction  of  breathing  or  blood
     7  circulation  when,  with intent to impede the normal breathing or circu-
     8  lation of the blood of another person, he or she:
     9    a. applies pressure on the throat or neck of such person; or
    10    b. blocks the nose or mouth of such person; or
    11    c. uses any procedure known as a chokehold.
    12    Criminal obstruction of breathing or blood circulation is  a  class  A
    13  misdemeanor.
    14    § 3. The penal law is amended by adding a new section 121.13-a to read
    15  as follows:
    16  § 121.13-a Strangulation  in  the  first  degree;  disregard  of  banned
    17               employment procedures.
    18    A person is guilty of strangulation in the first degree; disregard  of
    19  banned  employment  procedures  when he or she disregards any procedures
    20  banned by his or her  employment  and  commits  the  crime  of  criminal
    21  obstruction  of  breathing  or  blood circulation, as defined in section

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10132-02-9
        S. 6670--A                          2

     1  121.11 of this article, and thereby causes serious  physical  injury  or
     2  death to another person.
     3    Strangulation  in  the  first  degree;  disregard of banned employment
     4  procedures is a class B felony.
     5    § 4. This act shall take effect immediately.