Bill S4708-2015

Relates to an affirmative defense to strangulation and related offenses

Provides that it shall be an affirmative defense to strangulation and related offenses that the defendant performed such conduct while engaged in instruction or athletic competition of Judo, Jiu Jitsu, Brazilian Jiu Jitsu or Aikido.

Details

Actions

  • Apr 10, 2015: REFERRED TO CODES

Memo

BILL NUMBER:S4708

TITLE OF BILL: An act to amend the penal law, in relation to affirmative defenses to strangulation and related offenses

PURPOSE OR GENERAL IDEA OF BILL:

This bill creates an affirmative defense to strangulation offenses when such conduct is performed in course of instruction or athletic competition of Judo, Jiu Jitsu, Brazilian Jiu Jitsu or Aikido.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 121.14 of the penal law, as added by chapter 405 of the laws of 2010, by changing the subsection title from "medical or dental purpose" to "Affirmative defenses" and adding new subsection 121.14.1 that states it shall be an affirmative defense that "the defendant performed such conduct while engaged in instruction or athletic competition of Judo, Jiu Jitsu, Brazilian Jiu Jitsu or Aikido."

This section creates an affirmative defense to the following prohibited acts pursuant to the cited penal code sections: criminal obstruction of breathing of blood circulation (Section 121.11), strangulation in the second degree (121.12) and strangulation in the first degree (121.13).

Section 2 of the bill sets forth an immediate effective date.

JUSTIFICATION:

In 2010, New York State amended the penal law provisions concerning strangulation offenses to assist prosecutors in domestic violence cases where strangulation is often used by abusers.

While this was a necessary and important tool for prosecutors, this change has raised concerns in the organized sports of Judo, Jiu Jitsu, Brazilian Jiu Jitsu and Aikido with regard to certain maneuvers or techniques of these sports that could be interpreted to fall within the meaning of strangulation offenses. For example, the international recognized Olympic sport of Judo uses a "carotid compression" technique called "Shime Waza" which is defined as "the temporary compression of the carotid artery" and when used under the guidance of instructors and in competition does not cause serious physical injury.

Although there is no evidence that the 2010 changes to the law have led to arrests of athletes engaging in instruction or competition which could be interpreted to fall within the strangulation offenses, this section creates an affirmative defense so that the law is clear.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4708 2015-2016 Regular Sessions IN SENATE April 10, 2015 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to affirmative defenses to strangulation and related offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 121.14 of the penal law, as added by chapter 405 of the laws of 2010, is amended to read as follows: S 121.14 [Medical or dental purpose] AFFIRMATIVE DEFENSES. For purposes of sections 121.11, 121.12 and 121.13 of this article, it shall be an affirmative defense that: 1. the defendant performed such conduct for a valid medical or dental purpose; OR 2. THE DEFENDANT PERFORMED SUCH CONDUCT WHILE ENGAGED IN INSTRUCTION OR ATHLETIC COMPETITION OF JUDO, JIU JITSU, BRAZILIAN JIU JITSU OR AIKI- DO. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus