senate Bill S4717A

Amended

Relates to including emergency responders as intended victims thereby triggering aggravated or first degree murder charges

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Apr / 2011
    • REFERRED TO CODES
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1070
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • AMENDED ON THIRD READING 4717A
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 18 / Jan / 2012
    • 1ST REPORT CAL.64
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 14 / May / 2012
    • AMENDED ON THIRD READING 4717B
  • 22 / May / 2012
    • PASSED SENATE
  • 22 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2012
    • REFERRED TO CODES

Summary

Relates to including emergency responders as intended victims thereby triggering aggravated or first degree murder charges.

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Bill Details

See Assembly Version of this Bill:
A7824A
Versions:
S4717
S4717A
S4717B
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง125.26 & 125.27, Pen L

Votes

13
2
13
Aye
2
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S4717A

TITLE OF BILL:
An act
to amend the penal law, in relation to the definitions of aggravated and
first degree murder

PURPOSE:
This bill updates the definitions of aggravated murder and murder in
the first degree to include murder of an emergency first responder.

SUMMARY:
Section 1 entitles this act "Mark's Law"

Section 2 adds a new subparagraph (ii-a) in subdivision 1 of section
125.26 of the penal law related to intended victims of aggravated
murder to include a list of emergency responders:
emergency medical technician, firefighter, volunteer firefighter,
ambulance driver, paramedic, physician or nurse involved in first
response team.

Section 3 adds a new subparagraph (ii-a) in subdivision 1 of section
125.27 of the penal law related to intended victims of murder in the
first degree to include a list of emergency responders: emergency
medical technician, firefighter, volunteer firefighter, ambulance
driver, paramedic, physician or nurse involved in first response team.

Section 4 provides for the immediate effectiveness of this act.

JUSTIFICATION:
We depend on our emergency first responders to react without
hesitation and arrive on the scene to save lives and protect us from
further harm. They are the hero's of our home towns and their
positions should be held in high honor. Since the public places faith
and trust in them, they also deserve to have the highest levels of
protection the law will allow. While the dangers that our first
responders face every day but we can take steps to deter and punish
those who would purposefully target our emergency first responders.

Current law defines aggravated murder and murder in the first degree
by including a list of individuals who, when killed while performing
their official duties, make the murderer guilty of these crimes. They
include: police officers, peace officers, uniformed court officers,
parole officers, probation officers, employees of the division of
youth, and corrections officers. When an individual knowingly kills
one of these public servants, current law makes the killer guilty of
aggravated murder and murder in the first degree. Both crimes are
class A-I felonies under the Penal Law.

This bill adds a list of emergency responders to the existing list of
public servants within the Penal Law to include: emergency medical
technicians, firefighters, volunteer firefighters, ambulance drivers,
paramedics and physicians or nurses involved in first response teams.

LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4717--A
    Cal. No. 1070

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sens.  RITCHIE, GRIFFO, LIBOUS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to the definitions of  aggra-
  vated and first degree murder

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Mark's Law".
  S 2. Paragraph a of subdivision 1 of section 125.26 of the  penal  law
is amended by adding a new subparagraph (ii-a) to read as follows:
   (II-A)  THE INTENDED VICTIM WAS A FIREFIGHTER, VOLUNTEER FIREFIGHTER,
EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN  OR
NURSE INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN
THE  COURSE  OF  OFFICIAL DUTIES, PERFORMS EMERGENCY RESPONSE ACTIVITIES
AND WAS ENGAGED IN SUCH ACTIVITIES  AT  THE  TIME  OF  KILLING  AND  THE
DEFENDANT  KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM
WAS SUCH UNIFORMED FIREFIGHTER, VOLUNTEER FIREFIGHTER, EMERGENCY MEDICAL
TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR NURSE; OR
  S 3. Paragraph a of subdivision 1 of section 125.27 of the  penal  law
is amended by adding a new subparagraph (ii-a) to read as follows:
   (II-A)  THE INTENDED VICTIM WAS A FIREFIGHTER, VOLUNTEER FIREFIGHTER,
EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN  OR
NURSE INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN
THE  COURSE  OF  OFFICIAL DUTIES, PERFORMS EMERGENCY RESPONSE ACTIVITIES
AND WAS ENGAGED IN SUCH ACTIVITIES  AT  THE  TIME  OF  KILLING  AND  THE
DEFENDANT  KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM
WAS SUCH UNIFORMED FIREFIGHTER, VOLUNTEER FIREFIGHTER, EMERGENCY MEDICAL
TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR NURSE; OR
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08343-04-1

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