Establishes that law enforcement officer who chokes another utilizes deadly force.

A1705

ASSEMBLY, No. 1705

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblywoman Murphy

SYNOPSIS

���� Establishes that law enforcement officer who chokes
another utilizes deadly force.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the use of deadly force and amending
N.J.S.2C:3-11.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����
1.��� N.J.S.2C:3-11 is amended to read as follows:

���� 2C:3-11.� Definitions.� In
this chapter, unless a different meaning plainly is required:� a.
"Unlawful force" means force, including confinement, which is
employed without the consent of the person against whom it is directed and the
employment of which constitutes an offense or actionable tort or would
constitute such offense or tort except for a defense (such as the absence of
intent, negligence, or mental capacity; duress, youth, or diplomatic status)
not amounting to a privilege to use the force.� Assent constitutes consent,
within the meaning of this section, whether or not it otherwise is legally
effective, except assent to the infliction of death or serious bodily harm.

���� b.��� "Deadly force"
means force which the actor uses with the purpose of causing or which he knows
to create a substantial risk of causing death or serious bodily harm.�
Purposely firing a firearm in the direction of another person or at a vehicle, building
,

or structure in which another person is believed to be constitutes deadly force
unless the firearm is loaded with less-lethal ammunition and fired by a law
enforcement officer in the performance of the officer's official duties.�
A
law enforcement officer knowingly placing pressure on a person�s throat,
windpipe, or carotid artery, thereby hindering or preventing that person�s
ability to breathe, or interfering with the flow of blood from the person�s
heart to the brain, constitutes deadly force.��

���� A threat to cause death or
serious bodily harm, by the production of a weapon or otherwise, so long as the
actor's purpose is limited to creating an apprehension that he will use deadly
force if necessary, does not constitute deadly force.�

���� c.���� "Dwelling"
means any building or structure, though movable or temporary, or a portion
thereof, which is for the time being the actor's home or place of lodging
except that, as used in 2C:3-7, the building or structure need not be the
actor's own home or place of lodging.

���� d.��� "Serious bodily
harm" means bodily harm which creates a substantial risk of death or which
causes serious, permanent disfigurement or protracted loss or impairment of the
function of any bodily member or organ or which results from aggravated sexual
assault or sexual assault.

���� e.���� "Bodily harm"
means physical pain, or temporary disfigurement, or impairment of physical
condition.

���� f.���� "Less-lethal
ammunition" means ammunition approved by the Attorney General which is
designed to stun, temporarily incapacitate or cause temporary discomfort to a
person without penetrating the person's body.� The term shall also include
ammunition approved by the Attorney General which is designed to gain access to
a building or structure and is used for that purpose.

(cf:� P.L.2005, c.250, s.1)�

���� 2.��� This act shall take
effect on the first day of the second month following the date of enactment.�

STATEMENT

���� This bill amends N.J.S.2C:3-11 to establish
that the use of a choke-hold by a law enforcement officer constitutes deadly
force.

���� Under the bill, a law enforcement officer uses
deadly force if he knowingly places pressure
on the throat, windpipe, or
carotid artery of another person, thereby hindering or preventing the ability
to breath, or interfering with the flow of blood from the heart to the brain.

����
Under current law, use of deadly force
by a law enforcement officer is only justified if necessary to protect the
officer or another person from death or serious bodily injury, to arrest or
prevent the escape of a violent criminal, or to prevent the commission of a
violent crime.� This bill provides that a law enforcement officer is not
justified in choking another person unless confronted with one of these
dangerous situations.