Senate Bill S2533

2017-2018 Legislative Session

Relates to causing the death of a police officer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2017-S2533 (ACTIVE) - Details

See Assembly Version of this Bill:
A6506
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §125.22, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5849, A8253
2019-2020: A6043

2017-S2533 (ACTIVE) - Summary

Relates to causing the death of a police officer.

2017-S2533 (ACTIVE) - Sponsor Memo

2017-S2533 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2533
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 causing  the  death  of  a
   police or peace officer
 
   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  the  "police
 officer Vincent Guidice memorial act".
   §  2.  Subdivision  2  of section 125.22 of the penal law, as added by
 chapter 765 of the laws of 2005, is amended and a new subdivision  3  is
 added to read as follows:
   2.  with  intent to cause the death of a police officer or peace offi-
 cer, where such officer was in the course of performing his or her offi-
 cial duties and the defendant knew or reasonably should have known  that
 such  victim was a police officer or peace officer, he or she causes the
 death of such officer or another police officer or peace  officer  under
 circumstances  which  do  not  constitute  murder because he or she acts
 under the influence of extreme  emotional  disturbance,  as  defined  in
 paragraph  (a) of subdivision one of section 125.25. The fact that homi-
 cide was committed under the influence of extreme emotional  disturbance
 constitutes  a  mitigating  circumstance  reducing  murder to aggravated
 manslaughter in the first degree or manslaughter in the first degree and
 need not be proved in any  prosecution  initiated  under  this  subdivi-
 sion[.]; OR
   3.  WITH  INTENT  TO  PREVENT  A  POLICE OFFICER OR PEACE OFFICER FROM
 PERFORMING A LAWFUL DUTY, WHERE  SUCH  OFFICER  WAS  IN  THE  COURSE  OF
 PERFORMING  HIS OR HER OFFICIAL DUTIES AND THE DEFENDANT KNEW OR REASON-
 ABLY SHOULD HAVE KNOWN THAT SUCH VICTIM WAS A POLICE  OFFICER  OR  PEACE
 OFFICER,  HE  OR  SHE CAUSES THE DEATH OF SUCH OFFICER OR ANOTHER POLICE
 OFFICER OR PEACE OFFICER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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