Bill Text: NY S07688 | 2011-2012 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2012-06-19 - referred to codes [S07688 Detail]

Download: New_York-2011-S07688-Introduced.html

---

                           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:
    1    Section 1. This act shall be known and may be cited as "Mark's Law".
    2    S 2. The opening paragraph of subdivision 1 of section 125.26  of  the
    3  penal  law,  as  added by chapter 765 of the laws of 2005, is amended to
    4  read as follows:
    5    With intent to cause the death of another person, he or she causes the
    6  death of such person, or of a third person who was a person described in
    7  subparagraph (i), (ii), (II-A) or (iii) of paragraph (a) of this  subdi-
    8  vision  engaged  at  the time of the killing in the course of performing
    9  his or her official duties; and
   10    S 3. Paragraph (a) of subdivision 1 of section 125.26 of the penal law
   11  is amended by adding a new subparagraph (ii-a) to read as follows:
   12     (II-A) THE INTENDED VICTIM WAS A MEMBER OF A FIRST RESPONSE TEAM WHO,
   13  IN THE COURSE OF THE INDIVIDUAL'S OFFICIAL  DUTIES,  PERFORMS  EMERGENCY
   14  RESPONSE  ACTIVITIES  AND  WAS ENGAGED IN SUCH ACTIVITIES AT THE TIME OF
   15  KILLING AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT  THE
   16  INTENDED VICTIM WAS SUCH A MEMBER OF A FIRST RESPONSE TEAM; OR
   17    S 4. Paragraph (a) of subdivision 1 of section 125.27 of the penal law
   18  is amended by adding a new subparagraph (ii-a) to read as follows:
   19     (II-A) THE INTENDED VICTIM WAS A MEMBER OF A FIRST RESPONSE TEAM WHO,
   20  IN  THE  COURSE  OF THE INDIVIDUAL'S OFFICIAL DUTIES, PERFORMS EMERGENCY
   21  RESPONSE ACTIVITIES AND WAS ENGAGED IN SUCH ACTIVITIES AT  THE  TIME  OF
   22  KILLING  AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE
   23  INTENDED VICTIM WAS SUCH A MEMBER OF A FIRST RESPONSE TEAM; OR
   24    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