NY S08449

Amends penal law section 35.30 to restrict deadly force by police officers to situations where there is probable cause the person committed a felony involving death or serious bodily injury, the officer reasonably believes the person is armed with a firearm or deadly weapon, and less-lethal alternatives are insufficient.

Adds requirement that force be considered necessary only when no reasonable alternative means exist to achieve the lawful objective, including de-escalation tactics, distance, cover, containment, verbal communication, and deployment of specialized resources or mental health professionals.

Defines "imminent threat" as when a person reasonably appears to have present ability, opportunity, and apparent intent to immediately inflict injury.

Creates three new crimes for excessive use of force by police officers: third degree (class A misdemeanor) causing physical injury, second degree (class D felony) causing serious physical injury, and first degree (class C felony) causing death.

Prohibits use of any level of force if the officer created substantial and unjustifiable risk that force would become necessary, and presumes force is unjustified if applied to a person already incapable of resisting arrest.