NY State Senate Bill 2011-S7688

Senate Bill S7688

2011-2012 Legislative Session

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

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2012	referred to codes delivered to assembly passed senate ordered to third reading cal.1333
Jun 13, 2012	referred to rules

Votes

- Jun 19, 2012 - Floor Vote
  S7688
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Alesi
      
      Espaillat
      
      Huntley
  Jun 21, 2012 - Rules Committee Vote
  S7688
  
  21
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  1
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2012
      
      aye (21)
      
      Breslin
      
      Dilan
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (2)
      
      Duane
      
      Krueger
      
      excused (1)
      
      Alesi
      
      abstained (1)
      
      Montgomery

co-Sponsors

2011-S7688 (ACTIVE) - Details

See Assembly Version of this Bill:: A7824
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§125.26 & 125.27, Pen L

2011-S7688 (ACTIVE) - Summary

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

2011-S7688 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7688

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 a member of a first response
team.

SUMMARY:
Section 1 entitles this act "Mark's Law"

Section 2 amends subdivision 1 of section 125.26 of the penal law to
cite the new subparagraph (ii-a) of this bill.

Section 3 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 members of a first response team.

Section 4 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 members of a first response team.

Section 5 provides for the immediate effectiveness of this act.

JUSTIFICATION:
We depend on our emergency first response team members 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-1 felonies under the Penal Law.

This bill adds a list of members of emergency response teams to the
existing list of public servants within the Penal Law. Some include:
emergency medical technicians, firefighters, volunteer firefighters,
ambulance drivers, paramedics and physicians or registered nurses
involved in first response teams.

LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S7688 (ACTIVE) - Bill Text download pdf

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

                                  7688

                            I N  S E N A T E

                              June 13, 2012
                               ___________

Introduced  by  Sen. RITCHIE -- 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 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. 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 3. 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 MEMBER OF A FIRST RESPONSE TEAM WHO,
IN THE COURSE OF THE INDIVIDUAL'S 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 A MEMBER OF A FIRST RESPONSE TEAM; OR
  S 4. 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 MEMBER OF A FIRST RESPONSE TEAM WHO,
IN  THE  COURSE  OF THE INDIVIDUAL'S 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 A MEMBER OF A FIRST RESPONSE TEAM; OR
  S 5. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08343-12-2

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Senate Bill S7688

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Sponsored By

Patty Ritchie