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This bill establishes a misdemeanor for restraining an individual in a manner that restricts the flow of air or blood by compressing the windpipe or the carotid arteries on each side of the neck, or sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm, in the course of effecting or attempting to effect an arrest.

  • Enacted (Mayor's Desk for Signature)

History

City Council
Pass
Approved by Council
Committee on Public Safety
Hearing Held by Committee
Committee on Public Safety
Amendment Proposed by Comm
Committee on Public Safety
Amended by Committee
Committee on Public Safety
Pass
Approved by Committee
Committee on Public Safety
Hearing Held by Committee
Committee on Public Safety
Amendment Proposed by Comm
Committee on Public Safety
Laid Over by Committee
City Council
Referred to Comm by Council
City Council
Introduced by Council

Int. No. 536-B

 

By Council Members Lancman, the Public Advocate (Mr. Williams), Cornegy, Rosenthal, Constantinides, Levin, Cumbo, Dromm, King, Koo, Reynoso, Chin, Barron, Adams, Rose, Menchaca, Ayala, Ampry-Samuel, Miller, Perkins, Rivera, Kallos, Levine, Torres, Van Bramer, Moya, Lander, Salamanca, Richards, Louis, Treyger, Koslowitz, Brannan, Powers, Gjonaj, Gibson, Eugene, Cohen and the Speaker (Council Member Johnson)

 

A Local Law to amend the administrative code of the City of New York, in relation to chokeholds and other such restraints

 

Be it enacted by the Council as follows:

Section 1.  The administrative code of the city of New York is amended by adding a new section 10-181 to read as follows:

§ 10-181 Unlawful methods of restraint. a. Unlawful methods of restraint. No person shall restrain an individual in a manner that restricts the flow of air or blood by compressing the windpipe or the carotid arteries on each side of the neck, or sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm, in the course of effecting or attempting to effect an arrest.

b. Penalties. Any person who violates subdivision a of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than $2,500, or both.

                     c. Any penalties resulting from a violation of subdivision a of this section shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such violation.

§ 2.  This local law takes effect immediately.

 

 

LS # 2203/LS 2271/LS 2680/Int. 540-2014

LS 181

CJG/BG/RC/BC

6/10/20 10:01PM