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Bill

S 3059

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

2026-2027 Regular Session Introduced by Benjie Wimberly

New Jersey bill classifies police use of chokeholds as deadly force, potentially restricting officer tactics and increasing accountability for such restraints.

Introduced in the Senate, Referred to Senate Law and Public Safety Committee
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Bill Summary · S 3059

Legislative bill overview

S 3059 establishes that when a law enforcement officer applies a chokehold or similar neck restraint to another person, it constitutes the use of deadly force under New Jersey law. This legally classifies neck restraints as deadly force rather than less-lethal tactics, which would trigger corresponding legal standards and accountability measures.

Why is this important

This classification has significant implications for police training, policy, and liability. It would likely restrict when officers can use such restraints, increase scrutiny of incidents involving them, and potentially expand civil and criminal liability for officers who apply them. The distinction between "deadly" and "non-deadly" force categories fundamentally changes legal expectations and consequences.

Potential points of contention

  • Officer safety concerns: Law enforcement may argue that restricting neck restraints removes legitimate defensive options and puts officers at greater risk during physical altercations
  • Medical/technical debate: Medical experts disagree on whether all chokeholds pose the same lethality risk; some distinguish between carotid restraints (potentially safer) and tracheal chokes (more dangerous)
  • Implementation ambiguity: The bill's language may need clarification on exactly which techniques qualify, how "choking" is defined, and whether it applies to defensive situations where officers are being attacked

Compiled from official sources — confirm details with the bill’s official record.

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