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

---

S4717A-2011 Actions

• May 22, 2012: referred to codes
• May 22, 2012: DELIVERED TO ASSEMBLY
• May 22, 2012: PASSED SENATE
• May 14, 2012: AMENDED ON THIRD READING 4717B
• Jan 23, 2012: ADVANCED TO THIRD READING
• Jan 19, 2012: 2ND REPORT CAL.
• Jan 18, 2012: 1ST REPORT CAL.64
• Jan 4, 2012: REFERRED TO CODES
• Jun 24, 2011: COMMITTED TO RULES
• Jun 24, 2011: AMENDED ON THIRD READING 4717A
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1070
• Apr 15, 2011: REFERRED TO CODES

S4717A-2011 Meetings

Codes: Jan 18, 2012

S4717A-2011 Calendars

Floor Calendar: Jan 19, 2012 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Jan 31, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 13, 2012 , Floor Calendar: Feb 14, 2012 , Floor Calendar: Feb 15, 2012 , Floor Calendar: Feb 29, 2012 , Floor Calendar: Mar 1, 2012 , Floor Calendar: Mar 5, 2012 , Floor Calendar: Mar 6, 2012 , Floor Calendar: Mar 7, 2012 , Floor Calendar: Mar 12, 2012 , Floor Calendar: Mar 13, 2012 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Mar 15, 2012 , Floor Calendar: Mar 19, 2012 , Floor Calendar: Mar 20, 2012 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Mar 27, 2012 , Floor Calendar: Mar 28, 2012 , Floor Calendar: Mar 29, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: Apr 18, 2012 , Floor Calendar: Apr 19, 2012 , Floor Calendar: Apr 25, 2012 , Floor Calendar: Apr 26, 2012 , Floor Calendar: Apr 30, 2012 , Floor Calendar: May 1, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012

S4717A-2011 Votes

S4717A-2011 Memo

BILL NUMBER:S4717A

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-I 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:
New bill.


FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

S4717A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4717--A
      Cal. No. 1070

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 15, 2011
                                 ___________

  Introduced  by  Sens.  RITCHIE, GRIFFO, LIBOUS -- read twice and ordered
    printed, and when printed to be committed to the Committee on Codes --
    reported favorably from said committee, ordered to  first  and  second
    report,  ordered  to  a  third reading, amended and ordered reprinted,
    retaining its place in the order of third reading

  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, VOLUNTEER FIREFIGHTER,
  EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN  OR
  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 UNIFORMED FIREFIGHTER, VOLUNTEER FIREFIGHTER, EMERGENCY MEDICAL
  TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR 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, VOLUNTEER FIREFIGHTER,
  EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN  OR
  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 UNIFORMED FIREFIGHTER, VOLUNTEER FIREFIGHTER, EMERGENCY MEDICAL
  TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR NURSE; OR
    S 4. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08343-04-1