senate Bill S4391A

Relates to first degree murder where the intended victim is a prosecutor or district attorney

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Sponsor

O'BRIEN

Bill Status


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

actions

  • 26 / Mar / 2013
    • REFERRED TO CODES
  • 01 / May / 2013
    • AMEND AND RECOMMIT TO CODES
  • 01 / May / 2013
    • PRINT NUMBER 4391A
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1553
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO CODES

Summary

Relates to first degree murder where the intended victim is a prosecutor or district attorney.

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Bill Details

See Assembly Version of this Bill:
A7202
Versions:
S4391
S4391A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง125.27, Pen L

Sponsor Memo

BILL NUMBER:S4391A

TITLE OF BILL: An act to amend the penal law, in relation to murder
in the first degree where the intended victim was a prosecutor or
district attorney

PURPOSE OR GENERAL IDEA OF BILL: To establish the new offense of
murder in the first degree when the intended victim was a prosecutor
or district attorney.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill creates a new first degree murder offense under
the penal law for intentionally killing a prosecutor or district
attorney.

EXISTING LAW: Currently, there is no first degree murder offense for
the intentional murder of a prosecutor or district attorney.

JUSTIFICATION: The penal law contains the offense of murder in the
first degree for the killing of a police officer, correctional
facility employee, judge, firefighter, emergency medical technician,
ambulance driver, paramedic, physician and registered nurse. However,
despite numerous attacks and a number of recent murders, including
that of a Texas DA as recently as February of this year, the
intentional murder of a prosecutor or DA is not murder in the first
degree in New York State.

Many of the murdered prosecutors, were murdered targeted by criminals
they helped put in jail or were attempting to put in jail. While the
murder of any individual is reprehensible, it is especially egregious
when the victim is someone who is killed doing their job to protect
the public.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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

                                 4391--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sen. O'BRIEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to murder in the first degree
  where the intended victim was a prosecutor or district attorney

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

  Section 1. Subparagraph (xiii) of paragraph (a) of  subdivision  1  of
section  125.27 of the penal law, as added by chapter 300 of the laws of
2001, is amended and a new  subparagraph  (xiv)  is  added  to  read  as
follows:
  (xiii) the victim was killed in furtherance of an act of terrorism, as
defined  in  paragraph  (b) of subdivision one of section 490.05 of this
chapter; [and] OR
  (XIV) THE INTENDED VICTIM WAS A PROSECUTOR OR  DISTRICT  ATTORNEY,  AS
DEFINED  BY  SUBDIVISION THIRTY-ONE OR THIRTY-TWO OF SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW AND THE DEFENDANT KILLED SUCH VICTIM BECAUSE SUCH
VICTIM WAS, AT THE TIME OF THE KILLING, A PROSECUTOR OR DISTRICT  ATTOR-
NEY; AND
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10007-02-3

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