Relates to first degree murder where the intended victim is a prosecutor or district attorney.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Little
Excused (2): Espaillat, Golden
TITLE OF BILL: An act to amend the penal law, in relation to murder in the first degree where the intended victim was a prosecutor or district attorney
PURPOSE OR GENERAL IDEA OF BILL: To establish the new offense of murder in the first degree when the intended victim was a prosecutor or district attorney.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill creates a new first degree murder offense under the penal law for intentionally killing a prosecutor or district attorney.
EXISTING LAW: Currently, there is no first degree murder offense for the intentional murder of a prosecutor or district attorney.
JUSTIFICATION: The penal law contains the offense of murder in the first degree for the killing of a police officer, correctional facility employee, judge, firefighter, emergency medical technician, ambulance driver, paramedic, physician and registered nurse. However, despite numerous attacks and a number of recent murders, including that of a Texas DA as recently as February of this year, the intentional murder of a prosecutor or DA is not murder in the first degree in New York State.
Many of the murdered prosecutors, were murdered targeted by criminals they helped put in jail or were attempting to put in jail. While the murder of any individual is reprehensible, it is especially egregious when the victim is someone who is killed doing their job to protect the public.
PRIOR LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4391--A 2013-2014 Regular Sessions IN SENATE March 26, 2013 ___________Introduced by Sen. O'BRIEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to murder in the first degree where the intended victim was a prosecutor or district attorney THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (xiii) of paragraph (a) of subdivision 1 of section 125.27 of the penal law, as added by chapter 300 of the laws of 2001, is amended and a new subparagraph (xiv) is added to read as follows: (xiii) the victim was killed in furtherance of an act of terrorism, as defined in paragraph (b) of subdivision one of section 490.05 of this chapter;
[and]OR (XIV) THE INTENDED VICTIM WAS A PROSECUTOR OR DISTRICT ATTORNEY, AS DEFINED BY SUBDIVISION THIRTY-ONE OR THIRTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW AND THE DEFENDANT KILLED SUCH VICTIM BECAUSE SUCH VICTIM WAS, AT THE TIME OF THE KILLING, A PROSECUTOR OR DISTRICT ATTOR- NEY; AND S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10007-02-3