Bill Text: NY A06506 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 6506 (Prior Session Legislation)

Introduced

Bill Title: Relates to causing the death of a police officer.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A06506 Detail]

Download: New_York-2017-A06506-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          6506
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2017
                                       ___________
        Introduced  by  M. of A. BRAUNSTEIN, SIMANOWITZ, MOYA, MONTESANO, WEPRIN
          -- read once and referred to the Committee on Codes
        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:
     1    Section 1. This act shall be known and may be  cited  as  the  "police
     2  officer Vincent Guidice memorial act".
     3    §  2.  Subdivision  2  of section 125.22 of the penal law, as added by
     4  chapter 765 of the laws of 2005, is amended and a new subdivision  3  is
     5  added to read as follows:
     6    2.  with  intent to cause the death of a police officer or peace offi-
     7  cer, where such officer was in the course of performing his or her offi-
     8  cial duties and the defendant knew or reasonably should have known  that
     9  such  victim was a police officer or peace officer, he or she causes the
    10  death of such officer or another police officer or peace  officer  under
    11  circumstances  which  do  not  constitute  murder because he or she acts
    12  under the influence of extreme  emotional  disturbance,  as  defined  in
    13  paragraph  (a) of subdivision one of section 125.25. The fact that homi-
    14  cide was committed under the influence of extreme emotional  disturbance
    15  constitutes  a  mitigating  circumstance  reducing  murder to aggravated
    16  manslaughter in the first degree or manslaughter in the first degree and
    17  need not be proved in any  prosecution  initiated  under  this  subdivi-
    18  sion[.]; or
    19    3.  with  intent  to  prevent  a  police officer or peace officer from
    20  performing a lawful duty, where  such  officer  was  in  the  course  of
    21  performing  his or her official duties and the defendant knew or reason-
    22  ably should have known that such victim was a police  officer  or  peace
    23  officer,  he  or  she causes the death of such officer or another police
    24  officer or peace officer.
    25    § 3. This act shall take effect on the ninetieth day  after  it  shall
    26  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01760-01-7