New York City Council Header
File #: Res 0027-2018    Version: * Name: Establish the crime of strangulation in the first degree; disregard of banned employment procedures. (A.1699 and S.4915)
Type: Resolution Status: Committee
Committee: Committee on Public Safety
On agenda: 1/31/2018
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass and the Governor to sign A.1699 and S.4915, legislation that would establish the crime of strangulation in the first degree; disregard of banned employment procedures.
Sponsors: Fernando Cabrera
Council Member Sponsors: 1
Attachments: 1. January 31, 2018 - Stated Meeting Agenda

Res. No. 27

 

Resolution calling upon the New York State Legislature to pass and the Governor to sign A.1699 and S.4915, legislation that would establish the crime of strangulation in the first degree; disregard of banned employment procedures.

 

 By Council Member Cabrera

 

                     Whereas, On Thursday, July 17, 2014, Eric Garner, who was unarmed and accused of selling loose cigarettes, was placed in a chokehold in Staten Island by a New York Police Department (“NYPD”) officer; and

                     Whereas, Despite Mr. Garner's pleas that he could not breathe, the officers proceeded to put him in handcuffs and he died later in the hospital; and

                     Whereas, The NYPD Patrol Guide bans the use of chokeholds which includes, but is not limited to, any pressure to the throat or windpipe which may prevent or hinder breathing to reduce intake of air; and

                     Whereas, Currently, New York Penal Law section 121.11 makes it a class A misdemeanor for a person to apply pressure on the throat or neck of a person with intent to impede the normal breathing or circulation of the blood of such person, and such action rises to the level of a class C violent felony if it results in serious physical injury; and

   Whereas,  A.1699 /S.4915 sponsored by Assembly Member Walter Mosley and Senator Ruben Diaz and pending in the New York State Assembly and Senate, respectively, will establish the crime of strangulation in the first degree; disregard of banned employment procedures; and

Whereas, A.1699 /S.4915 provide that a person is guilty of strangulation in the first degree; disregard of banned employment procedures when he or she disregards any procedures banned by his or her employment and commits the crime of criminal obstruction of breathing or blood circulation, as defined section 121.11 of the penal law, causing serious physical injury or death to another person; and

Whereas, A.1699 /S.4915 makes such offense a class B felony and;

Whereas, A.1699 /S.4915 also criminalizes the use of a chokehold procedure in any context as a class A misdemeanor; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass and the Governor to sign A.1699 and S.4915, legislation that would establish the crime of strangulation in the first degree; disregard of banned employment procedures.

 

LS# 1595

RCC/WJH

1/11/18