Senate Bill S5849

2015-2016 Legislative Session

Relates to causing the death of a police officer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S5849 (ACTIVE) - Details

See Assembly Version of this Bill:
A8253
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.22, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S2533, A6506
2019-2020: A6043

2015-S5849 (ACTIVE) - Summary

Relates to causing the death of a police officer.

2015-S5849 (ACTIVE) - Sponsor Memo

2015-S5849 (ACTIVE) - Bill Text download pdf 

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

                                  5849

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 8, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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".
  S  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. The fact that homi-
cide 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  subdivi-
sion[.]; 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.
  S 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
                      [ ] is old law to be omitted.

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