Bill Text: NY A06033 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to creating the new crime of manslaughter of a peace officer, police officer, auxiliary police officer, firefighter or emergency medical services provider as a class B felony offense

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A06033 Detail]

Download: New_York-2009-A06033-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6033
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 24, 2009
                                      ___________
       Introduced  by  M.  of  A. KOON, PHEFFER, GALEF, MAGEE, HIKIND -- Multi-
         Sponsored by -- M. of A.  GUNTHER, LAVINE, MAYERSOHN, SWEENEY,  WALKER
         -- read once and referred to the Committee on Codes
       AN  ACT to amend the penal law, in relation to creating the new crime of
         manslaughter of a peace  officer,  police  officer,  auxiliary  police
         officer, firefighter or emergency medical services provider as a class
         B felony offense
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 125.23  to
    2  read as follows:
    3  S  125.23  MANSLAUGHTER  OF  A  PEACE OFFICER, POLICE OFFICER, AUXILIARY
    4             POLICE OFFICER, FIREFIGHTER  OR  EMERGENCY  MEDICAL  SERVICES
    5             PROVIDER.
    6    A PERSON IS GUILTY OF MANSLAUGHTER OF A PEACE OFFICER, POLICE OFFICER,
    7  AUXILIARY  POLICE  OFFICER,  FIREFIGHTER  OR  EMERGENCY MEDICAL SERVICES
    8  PROVIDER WHEN, WITH INTENT TO PREVENT A POLICE OFFICER, AUXILIARY POLICE
    9  OFFICER, PEACE OFFICER, A FIREFIGHTER, INCLUDING A FIREFIGHTER ACTING AS
   10  A PARAMEDIC OR EMERGENCY MEDICAL TECHNICIAN ADMINISTERING FIRST  AID  IN
   11  THE  COURSE  OF PERFORMANCE OF DUTY AS SUCH FIREFIGHTER, OR AN EMERGENCY
   12  MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN,  FROM
   13  PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES THE DEATH OF SUCH PEACE OFFI-
   14  CER, POLICE OFFICER, AUXILIARY POLICE OFFICER, FIREFIGHTER, PARAMEDIC OR
   15  TECHNICIAN.
   16    MANSLAUGHTER  OF  A  PEACE  OFFICER,  POLICE OFFICER, AUXILIARY POLICE
   17  OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL SERVICES PROVIDER IS A CLASS B
   18  FELONY.
   19    S 2.  Paragraph (a) of subdivision 1 of section  70.02  of  the  penal
   20  law,  as  amended by chapter 320 of the laws of 2006, is amended to read
   21  as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01616-01-9
       A. 6033                             2
    1    (a) Class B violent felony offenses: an attempt to  commit  the  class
    2  A-I  felonies  of  murder  in  the  second  degree as defined in section
    3  125.25, kidnapping in the first degree as defined in section 135.25, and
    4  arson in the first degree as defined in section 150.20; manslaughter  in
    5  the  first  degree as defined in section 125.20, MANSLAUGHTER OF A PEACE
    6  OFFICER, POLICE OFFICER, AUXILIARY POLICE OFFICER, FIREFIGHTER OR  EMER-
    7  GENCY MEDICAL SERVICES PROVIDER AS DEFINED IN SECTION 125.23, aggravated
    8  manslaughter  in  the first degree as defined in section 125.22, rape in
    9  the first degree as defined in section 130.35, criminal  sexual  act  in
   10  the  first  degree as defined in section 130.50, aggravated sexual abuse
   11  in the first degree as defined  in  section  130.70,  course  of  sexual
   12  conduct  against  a  child  in  the  first  degree as defined in section
   13  130.75; assault in the  first  degree  as  defined  in  section  120.10,
   14  kidnapping  in  the second degree as defined in section 135.20, burglary
   15  in the first degree as defined in section 140.30, arson  in  the  second
   16  degree  as  defined  in  section  150.15, robbery in the first degree as
   17  defined in section 160.15, incest in the  first  degree  as  defined  in
   18  section  255.27,  criminal possession of a weapon in the first degree as
   19  defined in section 265.04, criminal use of a firearm in the first degree
   20  as defined in section 265.09, criminal sale of a firearm  in  the  first
   21  degree  as  defined  in section 265.13, aggravated assault upon a police
   22  officer or a peace officer as defined in section 120.11, gang assault in
   23  the first degree as defined in section 120.07, intimidating a victim  or
   24  witness  in  the  first  degree  as defined in section 215.17, hindering
   25  prosecution of terrorism in the  first  degree  as  defined  in  section
   26  490.35, criminal possession of a chemical weapon or biological weapon in
   27  the  second  degree  as defined in section 490.40, and criminal use of a
   28  chemical weapon or biological weapon in the third degree as  defined  in
   29  section 490.47.
   30    S 3. This act shall take effect on the first of November next succeed-
   31  ing the date on which it shall have become a law.