S T A T E O F N E W Y O R K
________________________________________________________________________
6033
2009-2010 Regular Sessions
I N A S S E M B L Y
February 24, 2009
___________
Introduced by M. of A. KOON, PHEFFER, GALEF, MAGEE, HIKIND -- Multi-
Sponsored by -- M. of A. GUNTHER, LAVINE, MAYERSOHN, SWEENEY, WALKER
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the new crime of
manslaughter of a peace officer, police officer, auxiliary police
officer, firefighter or emergency medical services provider as a class
B felony offense
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 125.23 to
read as follows:
S 125.23 MANSLAUGHTER OF A PEACE OFFICER, POLICE OFFICER, AUXILIARY
POLICE OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL SERVICES
PROVIDER.
A PERSON IS GUILTY OF MANSLAUGHTER OF A PEACE OFFICER, POLICE OFFICER,
AUXILIARY POLICE OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL SERVICES
PROVIDER WHEN, WITH INTENT TO PREVENT A POLICE OFFICER, AUXILIARY POLICE
OFFICER, PEACE OFFICER, A FIREFIGHTER, INCLUDING A FIREFIGHTER ACTING AS
A PARAMEDIC OR EMERGENCY MEDICAL TECHNICIAN ADMINISTERING FIRST AID IN
THE COURSE OF PERFORMANCE OF DUTY AS SUCH FIREFIGHTER, OR AN EMERGENCY
MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN, FROM
PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES THE DEATH OF SUCH PEACE OFFI-
CER, POLICE OFFICER, AUXILIARY POLICE OFFICER, FIREFIGHTER, PARAMEDIC OR
TECHNICIAN.
MANSLAUGHTER OF A PEACE OFFICER, POLICE OFFICER, AUXILIARY POLICE
OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL SERVICES PROVIDER IS A CLASS B
FELONY.
S 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 320 of the laws of 2006, is amended to read
as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01616-01-9
A. 6033 2
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, MANSLAUGHTER OF A PEACE
OFFICER, POLICE OFFICER, AUXILIARY POLICE OFFICER, FIREFIGHTER OR EMER-
GENCY MEDICAL SERVICES PROVIDER AS DEFINED IN SECTION 125.23, aggravated
manslaughter in the first degree as defined in section 125.22, rape in
the first degree as defined in section 130.35, criminal sexual act in
the first degree as defined in section 130.50, aggravated sexual abuse
in the first degree as defined in section 130.70, course of sexual
conduct against a child in the first degree as defined in section
130.75; assault in the first degree as defined in section 120.10,
kidnapping in the second degree as defined in section 135.20, burglary
in the first degree as defined in section 140.30, arson in the second
degree as defined in section 150.15, robbery in the first degree as
defined in section 160.15, incest in the first degree as defined in
section 255.27, criminal possession of a weapon in the first degree as
defined in section 265.04, criminal use of a firearm in the first degree
as defined in section 265.09, criminal sale of a firearm in the first
degree as defined in section 265.13, aggravated assault upon a police
officer or a peace officer as defined in section 120.11, gang assault in
the first degree as defined in section 120.07, intimidating a victim or
witness in the first degree as defined in section 215.17, hindering
prosecution of terrorism in the first degree as defined in section
490.35, criminal possession of a chemical weapon or biological weapon in
the second degree as defined in section 490.40, and criminal use of a
chemical weapon or biological weapon in the third degree as defined in
section 490.47.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.