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Assembly Bill A7824A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A7824 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.26 & 125.27, Pen L

2011-A7824 - Summary

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

2011-A7824 - Bill Text download pdf 

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

                                  7824

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2011
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Codes

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. 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 2.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 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08343-03-1

co-Sponsors

multi-Sponsors

2011-A7824A - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.26 & 125.27, Pen L

2011-A7824A - Summary

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

2011-A7824A - Bill Text download pdf 

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

                                 7824--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2011
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee 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 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.
                                                           LBD08343-05-1

co-Sponsors

multi-Sponsors

2011-A7824B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.26 & 125.27, Pen L

2011-A7824B (ACTIVE) - Summary

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

2011-A7824B (ACTIVE) - Bill Text download pdf 

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

                                 7824--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2011
                               ___________

Introduced  by  M.  of A. RUSSELL, CROUCH, GUNTHER, JAFFEE, P. RIVERA --
  Multi-Sponsored by -- M. of A. AMEDORE, MAGEE, SWEENEY  --  read  once
  and  referred  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

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. The opening paragraph of subdivision 1 of section 125.26  of  the
penal  law,  as  added by chapter 765 of the laws of 2005, is amended to
read as follows:
  With intent to cause the death of another person, he or she causes the
death of such person, or of a third person who was a person described in
subparagraph (i), (ii), (II-A) or (iii) of paragraph (a) of this  subdi-
vision  engaged  at  the time of the killing in the course of performing
his or her official duties; and
  S 3. 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 MEMBER OF A FIRST RESPONSE TEAM WHO,
IN THE COURSE OF THE INDIVIDUAL'S 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 A MEMBER OF A FIRST RESPONSE TEAM; OR
  S 4. 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 MEMBER OF A FIRST RESPONSE TEAM WHO,
IN  THE  COURSE  OF THE INDIVIDUAL'S 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 A MEMBER OF A FIRST RESPONSE TEAM; OR
  S 5. This act shall take effect immediately.

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