Bill S2130-2013

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

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

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 11, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2130

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-T 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: 2011 - S.4717-A Committed to Rules 2012 - S.4717-B Passed Senate

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2130 2013-2014 Regular Sessions IN SENATE January 11, 2013 ___________
Introduced by Sens. RITCHIE, BONACIC, GALLIVAN, GRIFFO, LIBOUS, MARCHIONE, MAZIARZ, NOZZOLIO, RANZENHOFER -- 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. 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 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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