Bill Text: NY A06043 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to causing the death of a police officer.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06043 Detail]
Download: New_York-2019-A06043-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6043 2019-2020 Regular Sessions IN ASSEMBLY February 26, 2019 ___________ Introduced by M. of A. BRAUNSTEIN, WEPRIN, MONTESANO -- 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 of this article. The 14 fact that homicide was committed under the influence of extreme 15 emotional disturbance constitutes a mitigating circumstance reducing 16 murder to aggravated manslaughter in the first degree or manslaughter in 17 the first degree and need not be proved in any prosecution initiated 18 under this subdivision[.]; 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. LBD02924-01-9
