NY State Senate Bill 2011-S4717

Senate Bill S4717

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2012	referred to codes delivered to assembly passed senate
May 14, 2012	amended on third reading 4717b
Jan 23, 2012	advanced to third reading
Jan 19, 2012	2nd report cal.
Jan 18, 2012	1st report cal.64
Jan 04, 2012	referred to codes
Jun 24, 2011	committed to rules amended on third reading 4717a
Jun 14, 2011	advanced to third reading
Jun 13, 2011	2nd report cal.
Jun 07, 2011	1st report cal.1070
Apr 15, 2011	referred to codes

Votes

- May 22, 2012 - Floor Vote
  S4717
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 22, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Huntley
      
      McDonald
  Jan 18, 2012 - Codes Committee Vote
  S4717
  
  13
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 18, 2012
      
      aye (13)
      
      DeFrancisco
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Huntley
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Saland
      
      Squadron
      
      nay (2)
      
      Parker
      
      Perkins
      
      aye wr (1)
      
      Duane
  Jun 7, 2011 - Codes Committee Vote
  S4717
  
  13
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 7, 2011
      
      aye (13)
      
      DeFrancisco
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Huntley
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Saland
      
      Squadron
      
      nay (1)
      
      Parker
      
      aye wr (2)
      
      Duane
      
      Perkins

Bill Amendments

Original

B (Active)

co-Sponsors

2011-S4717 - Details

See Assembly Version of this Bill:: A7824
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§125.26 & 125.27, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S2130

2011-S4717 - Summary

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

2011-S4717 - Sponsor Memo

                                BILL NUMBER:S4717

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. 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 2. 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.

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-1 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.

2011-S4717 - Bill Text download pdf

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

                                  4717

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee 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

2011-S4717A - Details

See Assembly Version of this Bill:: A7824
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§125.26 & 125.27, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S2130

2011-S4717A - Summary

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

2011-S4717A - 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.

2011-S4717A - Bill Text download pdf

                            
                    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

co-Sponsors

2011-S4717B (ACTIVE) - Details

See Assembly Version of this Bill:: A7824
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§125.26 & 125.27, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S2130

2011-S4717B (ACTIVE) - Summary

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

2011-S4717B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4717B

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, ambulance driver,
paramedic, physician or registered 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, ambulance driver, paramedic,
physician or registered 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-1 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.

2011-S4717B (ACTIVE) - Bill Text download pdf

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

                                 4717--B
    Cal. No. 64

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sens.  RITCHIE,  AVELLA,  GRIFFO, LIBOUS, O'MARA -- 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
  -- recommitted to the Committee on Codes  in  accordance  with  Senate
  Rule  6,  sec. 8 -- 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, EMERGENCY MEDICAL TECH-
NICIAN, AMBULANCE  DRIVER,  PARAMEDIC,  PHYSICIAN  OR  REGISTERED  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
FIREFIGHTER,  EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC,
PHYSICIAN OR REGISTERED 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, EMERGENCY MEDICAL TECH-
NICIAN,  AMBULANCE  DRIVER,  PARAMEDIC,  PHYSICIAN  OR  REGISTERED 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

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

                                                           LBD08343-08-2

S. 4717--B                          2

KNEW  OR  REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS SUCH
FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER,  PARAMEDIC,
PHYSICIAN OR REGISTERED NURSE; OR
  S  4.  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 5. This act shall take effect immediately.

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Senate Bill S4717

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2011-S4717 - Details

2011-S4717 - Summary

2011-S4717 - Sponsor Memo

2011-S4717 - Bill Text download pdf

co-Sponsors

2011-S4717A - Details

2011-S4717A - Summary

2011-S4717A - Sponsor Memo

2011-S4717A - Bill Text download pdf

co-Sponsors

2011-S4717B (ACTIVE) - Details

2011-S4717B (ACTIVE) - Summary

2011-S4717B (ACTIVE) - Sponsor Memo

2011-S4717B (ACTIVE) - Bill Text download pdf

Comments