Bill Text: NY A08253 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A08253 Detail]

Download: New_York-2015-A08253-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8253
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 15, 2015
                                      ___________
       Introduced  by  M.  of  A.  BRAUNSTEIN  -- 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    S  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    S 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.
                                                                  LBD11510-01-5