S 1403: Enacts "Cariol's Law"; provides for a duty to intervene when a police officer or peace officer observes another police officer or peace officer using physical force that such officer reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.

  
  STATE OF NEW YORK ________________________________________________________________________ 1403 2025-2026 Regular Sessions  IN SENATE January 9, 2025 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law and the labor law, in relation to enacting "Cariol's Law" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Cariol's law" 2 or "duty to intervene". 3 § 2. The executive law is amended by adding a new section 839-a to 4 read as follows: 5 § 839-a. Excessive use of force; duty to intervene. 1. Definitions. 6 For the purposes of this section, the following terms shall have the 7 following meanings: 8 (a) "police officer" shall have the same meaning as provided for in 9 subdivision thirty-four of section 1.20 of the criminal procedure law; 10 (b) "peace officer" shall have the same meaning as provided for in 11 section 2.10 of the criminal procedure law; 12 (c) "use of force" shall include, but shall not be limited to: 13 (i) brandishing, pointing, using or discharging a firearm at or in the 14 direction of another person; 15 (ii) using a chokehold or similar restraint that applies pressure to 16 the throat or windpipe of a person in a manner that may hinder breathing 17 or reduce intake of air; 18 (iii) displaying, using or deploying a chemical agent, including, but 19 not limited to, oleoresin capsicum, pepper spray or tear gas; 20 (iv) brandishing, using or deploying an impact weapon, including, but 21 not limited to, a baton or billy club; 22 (v) brandishing, using or deploying an electronic control weapon, 23 including, but not limited to, an electronic stun gun, flash bomb or 24 long-range acoustic device; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04222-01-5 
 S. 1403 2 1 (vi) engaging in conduct which results in the death or serious bodily 2 injury of another person. 3 (d) "objectively reasonable" shall mean a standard used to judge a 4 police officer's use of force which are reasonable based on the totality 5 of the circumstances known to such officer at the time of such use of 6 force; 7 (e) "physical injury" shall have the same meaning as provided for in 8 subdivision nine of section 10.00 of the penal law; and 9 (f) "serious physical injury" shall have the same meaning as provided 10 for in subdivision ten of section 10.00 of the penal law. 11 2. Duty to intervene. An on-duty police officer or on-duty peace offi- 12 cer who is present and observes another police officer or peace officer 13 using physical force that such officer reasonably believes to be clearly 14 excessive or beyond that which is objectively reasonable under the 15 circumstances, shall be required, when such officer has a realistic 16 opportunity to do so safely, to intervene to prevent the use of such 17 excessive force. 18 3. Failure to intervene. (a) A police officer or peace officer who 19 fails to intervene when appropriate may: 20 (i) be held criminally liable for any offense under the penal law for 21 which failure to intervene satisfies every element of such offense, or 22 for any offense resulting from such officer's failure to intervene; 23 (ii) be subject to termination by such officer's employer if such 24 officer: 25 (1) had a realistic opportunity to intervene safely; 26 (2) acted while purporting or pretending to act within the scope and 27 performance of their official duties; and 28 (3) deprived an individual of rights, privileges, or immunities 29 secured by the Constitution or the laws of the United States. 30 (iii) be held civilly liable to any aggrieved party when such officer 31 observes or has reason to know that: 32 (1) excessive force is being used; 33 (2) an individual has been unjustifiably arrested; or 34 (3) any constitutional violation has been committed by a fellow offi- 35 cer. 36 (b) When a police officer or peace officer fails to intervene in an 37 incident which results in death or serious physical injury, such inci- 38 dent shall be referred to the district attorney. 39 (c) The commissioner shall authorize an investigation of any allega- 40 tions of a police officer's failure to intervene. Such officer may be 41 placed on administrative leave during the period of such investigation. 42 Any final disciplinary action shall be subject to arbitration pursuant 43 to article seventy-five of the civil practice law and rules. 44 (d) Police officers or peace officers who falsely report incidents of 45 inappropriate or excessive use of force by a fellow police officer or 46 peace officer may be subject to criminal liability pursuant to section 47 240.60 of the penal law. 48 4. Liability. Notwithstanding any provision of law to the contrary, 49 any police officer found to be civilly liable for excessive force shall 50 be liable for any judgments made against the municipality, state agency 51 or public authority if such judgment is directly connected to such offi- 52 cer's use of excessive force. 53 5. Reporting. Upon a police officer's or peace officer's observation 54 of the use of physical force by another police officer or peace officer 55 who such officer reasonably believes to be clearly excessive or beyond 56 that which is objectively reasonable under the circumstances, such offi- 
 S. 1403 3 1 cer shall file a formal complaint with the chief of such officer's 2 department. Reporting requirements shall apply whether the use of phys- 3 ical force occurred while the offending officer was on or off-duty. 4 Failure to report shall be grounds for discipline, including termi- 5 nation. 6 6. Retroactive protection for intervening officers. Any police officer 7 or peace officer terminated for reporting the use of physical force by 8 another police officer who such officer reasonably believes to be clear- 9 ly excessive or beyond that which is objectively reasonable under the 10 circumstances, within the twenty year period prior to the effective date 11 of this section, may have such termination reviewed. 12 § 3. Subdivision 2 of section 740 of the labor law, as amended by 13 chapter 522 of the laws of 2021, is amended to read as follows: 14 2. Prohibitions. An employer shall not take any retaliatory action 15 against an employee, whether or not within the scope of the employee's 16 job duties, because such employee does any of the following: 17 (a) discloses, or threatens to disclose to a supervisor or to a public 18 body an activity, policy or practice of the employer that the employee 19 reasonably believes is in violation of law, rule or regulation or that 20 the employee reasonably believes poses a substantial and specific danger 21 to the public health or safety; 22 (b) provides information to, or testifies before, any public body 23 conducting an investigation, hearing or inquiry into any such activity, 24 policy or practice by such employer; [or] 25 (c) objects to, or refuses to participate in any such activity, policy 26 or practice[.]; 27 (d) if such employee is a police officer, as such term is defined in 28 subdivision thirty-four of section 1.20 of the criminal procedure law, 29 observes any police officer using physical force against an individual 30 that such police officer reasonably believes to be clearly excessive or 31 beyond that which is objectively reasonable under the circumstances and 32 such police officer intervenes; or 33 (e) if such employee is a peace officer, as such term is defined in 34 section 2.10 of the criminal procedure law, observes any peace offi- 35 cer using physical force against an individual that such peace officer 36 reasonably believes to be clearly excessive or beyond that which is 37 objectively reasonable under the circumstances and such peace officer 38 intervenes. 39 § 4. This act shall take effect immediately.