Establishes the bystander protection act which increases the punishment for an offense when a member of the public is harmed, but the intended target is a public official.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2348
SPONSOR: Walsh (MS) TITLE OF BILL:
An act to amend the penal law, in relation to establishing the bystander
protection act
PURPOSE OR GENERAL IDEA OF BILL:
This Legislation will create additional penalties and fines for those
for killing an innocent bystander during an attack convicted of injuring
on an elected official.
SUMMARY OF PROVISIONS:
Section 1: Establishes the title of this bill as the "Bystander
Protection Act."
Section 2: Amends penal law by adding section 55.15. Number 1 estab-
lishes that any offense where a bystander is injured while trying to
commit an act of violence against a public official, the individual
committing such act will receive the next highest classification of
offense.
Number 2 defines the term public official as the governor, lieutenant
governor, comptroller, attorney general, members of the legislature,
state officers and their direct deputies and assistants. It shall also
encompass federal elected officials and elected leaders or employees of
local municipalities. Judges and justices will also be defined as public
officials.
JUSTIFICATION:
In response to recent threats of violence to New York State legislators,
coupled with the attack on Congresswoman Gabrielle Giffords, her staff
and constituents, there is an inherent need to increase the criminal
penalties for any act of terror or violence against a public office that
results in harm to a member of the public.
On Friday, April 1, 2011, several law makers received an anonymous
email, labeled "Time to Kill," that threatens "terrorist attacks on New
York," attacks on public employees and school children. The letter also
suggests pulling a "Gabby Giffords" by attempting to kill elected offi-
cials. Under the provisions of this legislation, penalties would be
heightened by one level for injury to, or death of, a bystander harmed
during an attack on an elected official.
As public officials, it is the duty to hear the voices, concerns and
ideas of our constituents, even if they are unpleasant or angry. Often,
those who are unstable and violent take their frustrations out on
elected officials. Unfortunately, people's misguided anger has injured
and even caused the death of innocent members of our community. Deep
down we understand this is an inherent danger in our positions and
accept the risk of terror and violence. What must be done is to instill
in the minds of the people committing these atrocities is that by injur-
ing a bystander, you are committing a more heinous crime, providing a
deterrent to harming bystanders. This legislation is meant to protect
the innocent members of our community.
PRIOR LEGISLATIVE HISTORY:
2022: A.3255; referred to Codes
2021: A.3255; referred to Codes
2020: A.902; referred to Codes
2019: A.902; referred to Codes
2018: A.8441; referred to Codes
2017: A.8441; referred to Codes
2014: A.6151; referred to Codes
2012: A.7242; referred to Codes
2011: A.7242; referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding.
STATE OF NEW YORK
________________________________________________________________________
2348
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. WALSH, MORINELLO, SAYEGH, BRABENEC, TAGUE,
DARLING, HAWLEY, GALLAHAN -- Multi-Sponsored by -- M. of A. ANGELINO,
BYRNES, DeSTEFANO, DURSO, MANKTELOW -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the bystander
protection act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "bystander protection act".
3 § 2. The penal law is amended by adding a new section 55.15 to read as
4 follows:
5 § 55.15 Bystander protection.
6 1. Any offense which was committed against a person during the commis-
7 sion of another offense as set forth in article one hundred twenty, one
8 hundred twenty-one, one hundred twenty-five, one hundred thirty-five,
9 two hundred forty or four hundred ninety of this chapter, where a public
10 official is the intended target of such offense, shall be punishable by
11 the next highest classification of offense for which the person commit-
12 ting such offense was convicted.
13 2. As used in this section, the term "public official" shall mean:
14 (i) the governor, lieutenant governor, comptroller or attorney gener-
15 al;
16 (ii) members of the state legislature;
17 (iii) state officers and employees including:
18 (A) heads of state departments and their deputies and assistants other
19 than members of the board of regents of the university of the state of
20 New York who receive no compensation or are compensated on a per diem
21 basis,
22 (B) officers of state departments, boards, bureaus, divisions, commis-
23 sions, councils or other state agencies,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02838-01-3
A. 2348 2
1 (C) members or directors of public authorities, other than multi-state
2 authorities, public benefit corporations and commissions at least one of
3 whose members is appointed by the governor, and employees of such
4 authorities, corporations and commissions;
5 (iv) United States senators and representatives;
6 (v) municipal officers and employees including an officer or employee
7 of a municipality, whether paid or unpaid, including members of any
8 administrative board, commission or other agency thereof and in the case
9 of a county, shall be deemed to also include any officer or employee
10 paid from county funds. No person shall be deemed to be a municipal
11 officer or employee solely by reason of being a volunteer fireman or
12 civil defense volunteer, except a fire chief or assistant fire chief;
13 and
14 (vi) any state-paid full-time judge or justice of the unified court
15 system.
16 § 3. This act shall take effect on the first of November next succeed-
17 ing the date on which it shall have become a law.
