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Assembly Bill A6043

2019-2020 Legislative Session

Relates to causing the death of a police officer

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Archive: Last Bill Status - In Assembly Committee

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2019-A6043 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.22, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8253
2017-2018: A6506

2019-A6043 (ACTIVE) - Summary

Relates to causing the death of a police officer.

2019-A6043 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6043
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 Introduced  by  M.  of A. BRAUNSTEIN, WEPRIN, MONTESANO -- read once and
   referred 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 OF THIS ARTICLE. The
 fact  that  homicide  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 subdivision[.]; 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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