S2130-2013 Actions

• Jan 11, 2013: REFERRED TO CODES

S2130-2013 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.

S2130-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2130
 2013-2014 Regular Sessions
 I N  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07408-01-3
 
       S. 2130                             2
 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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