Bill Text: NY A09212 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to murder in the first degree.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2016-06-06 - held for consideration in codes [A09212 Detail]

Download: New_York-2015-A09212-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9212
                   IN ASSEMBLY
                                    February 4, 2016
                                       ___________
        Introduced by M. of A. HAWLEY, CROUCH, DUPREY, McDONOUGH, MURRAY, PALUM-
          BO, RAIA -- read once and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to murder in the first degree
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 125.27 of the penal law, as  added
     2  by  chapter  1 of the laws of 1995, subparagraph (ii-a) of paragraph (a)
     3  as added by chapter 1 of the laws of 2013, subparagraph (vii)  of  para-
     4  graph (a) as amended by chapter 264 of the laws of 2003 and subparagraph
     5  (xii)  of  paragraph (a) as amended and subparagraph (xiii) of paragraph
     6  (a) as added by chapter 300 of the laws of 2001, is amended  and  a  new
     7  subdivision 1-a is added to read as follows:
     8    1. A person is guilty of murder in the first degree when[:
     9    1.  With], with intent to cause the death of another person, he causes
    10  the death of such person or of a third person; and
    11    (a) Either:
    12    (i) the intended victim was a police officer as defined in subdivision
    13  34 of section 1.20 of the criminal procedure law who was at the time  of
    14  the killing engaged in the course of performing his official duties, and
    15  the  defendant  knew  or  reasonably should have known that the intended
    16  victim was a police officer; or
    17    (ii) the intended victim was a peace officer as defined in paragraph a
    18  of subdivision  twenty-one,  subdivision  twenty-three,  twenty-four  or
    19  sixty-two  (employees  of the division for youth) of section 2.10 of the
    20  criminal procedure law who was at the time of the killing engaged in the
    21  course of performing his official duties,  and  the  defendant  knew  or
    22  reasonably  should  have  known  that  the  intended  victim  was such a
    23  uniformed court officer, parole officer, probation officer, or  employee
    24  of the division for youth; or
    25    (ii-a)  the intended victim was a firefighter, emergency medical tech-
    26  nician, ambulance  driver,  paramedic,  physician  or  registered  nurse
    27  involved  in  a first response team, or any other individual who, in the
    28  course of official duties, performs emergency  response  activities  and
    29  was  engaged in such activities at the time of killing and the defendant
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11250-02-5