A09608 Summary:
BILL NO | A09608 |
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SAME AS | SAME AS S08791 |
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SPONSOR | Durso |
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COSPNSR | Gallahan, Byrnes, Gandolfo, DeStefano, McDonough, Morinello, Tague, Angelino, Brabenec, Hawley, Lemondes, Brown K, Manktelow, Jensen, Colton, Simpson, Mikulin, Buttenschon, Barnwell, Smullen, Ashby, Miller B, Barclay, Lawler, Giglio JA, Tannousis, Salka, Stern, Reilly, Byrne |
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MLTSPNSR | |
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Amd §265.35, Pen L | |
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Relates to the unlawful discharge of a loaded firearm toward any police officer, firefighter, corrections officer, peace officer, or emergency medical services personnel. |
A09608 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A9608 SPONSOR: Durso
  TITLE OF BILL: An act to amend the penal law, in relation to the unlawful discharge of a loaded firearm toward any police officer, firefighter, corrections officer, peace officer, or emergency medical services personnel   PURPOSE OR GENERAL IDEA OF BILL: Any individual who shoots a gun at a peace officer, police officer, corrections officer, firefighter or emergency medical services profes- sional is guilty of a class B felony.   SUMMARY OF PROVISIONS: Section 1. Section 265.35 of the penal law is amended by adding a new subdivision 4 to read as follows: 4. Any person who willfully discharges a loaded firearm or any other gun, the propelling force of which is gunpowder, while pointed or aimed at a peace officer, police officer, corrections officer, firefighter or emergency medical services professional, with or without malice, is guilty of a class B felony.   JUSTIFICATION: On January 28, 2022 we all tearfully watched as Dominique Luzuriaga, the widow of 22-year-old NYPD Detective Jason Rivera who was shot in cold blood after responding to a domestic violence call, delivered his heart- breaking eulogy. Her words resonated with everyone watching..."this system continues to fail us. We are not safe anymore, not even the members of the service." New York residents have had enough of the lawlessness that has wreaked havoc on their communities and has taken too many lives. New York State's bail reform legislation has handcuffed our law enforcement and emboldened criminals to repeatedly attack, shoot, and kill police officers. This proposed legislation will hold those accountable for shooting a gun at our men and women in blue by charging these perpetrators with a class B felony which holds a sentence from 5 to 25 years in prison.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
A09608 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 9608 IN ASSEMBLY March 28, 2022 ___________ Introduced by M. of A. DURSO, GALLAHAN, BYRNES, GANDOLFO, DeSTEFANO, McDONOUGH, MORINELLO, TAGUE, ANGELINO, BRABENEC, HAWLEY, LEMONDES, BROWN, MANKTELOW, JENSEN, COLTON, SIMPSON, MIKULIN, BUTTENSCHON -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the unlawful discharge of a loaded firearm toward any police officer, firefighter, corrections officer, peace officer, or emergency medical services personnel The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 265.35 of the penal law is amended by adding a new 2 subdivision 4 to read as follows: 3 4. Any person who willfully discharges a loaded firearm or any other 4 gun, the propelling force of which is gunpowder, while pointed or aimed 5 at a peace officer, police officer, corrections officer, firefighter or 6 emergency medical services professional, with or without malice, is 7 guilty of a class B felony. 8 § 2. This act shall take effect on the thirtieth day after it shall 9 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14516-01-2