Creates new crime of manslaughter of a peace officer, police officer, auxiliary police officer, firefighter or emergency medical services provider as a class B felony offense.
STATE OF NEW YORK
________________________________________________________________________
6033
2009-2010 Regular Sessions
IN ASSEMBLY
February 24, 2009
___________
Introduced by M. of A. KOON, PHEFFER, GALEF, MAGEE, HIKIND -- Multi-
Sponsored by -- M. of A. GUNTHER, LAVINE, MAYERSOHN, SWEENEY, WALKER
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the new crime of
manslaughter of a peace officer, police officer, auxiliary police
officer, firefighter or emergency medical services provider as a class
B felony offense
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 125.23 to
2 read as follows:
3 § 125.23 Manslaughter of a peace officer, police officer, auxiliary
4 police officer, firefighter or emergency medical services
5 provider.
6 A person is guilty of manslaughter of a peace officer, police officer,
7 auxiliary police officer, firefighter or emergency medical services
8 provider when, with intent to prevent a police officer, auxiliary police
9 officer, peace officer, a firefighter, including a firefighter acting as
10 a paramedic or emergency medical technician administering first aid in
11 the course of performance of duty as such firefighter, or an emergency
12 medical service paramedic or emergency medical service technician, from
13 performing a lawful duty, he or she causes the death of such peace offi-
14 cer, police officer, auxiliary police officer, firefighter, paramedic or
15 technician.
16 Manslaughter of a peace officer, police officer, auxiliary police
17 officer, firefighter or emergency medical services provider is a class B
18 felony.
19 § 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal
20 law, as amended by chapter 320 of the laws of 2006, is amended to read
21 as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01616-01-9
A. 6033 2
1 (a) Class B violent felony offenses: an attempt to commit the class
2 A-I felonies of murder in the second degree as defined in section
3 125.25, kidnapping in the first degree as defined in section 135.25, and
4 arson in the first degree as defined in section 150.20; manslaughter in
5 the first degree as defined in section 125.20, manslaughter of a peace
6 officer, police officer, auxiliary police officer, firefighter or emer-
7 gency medical services provider as defined in section 125.23, aggravated
8 manslaughter in the first degree as defined in section 125.22, rape in
9 the first degree as defined in section 130.35, criminal sexual act in
10 the first degree as defined in section 130.50, aggravated sexual abuse
11 in the first degree as defined in section 130.70, course of sexual
12 conduct against a child in the first degree as defined in section
13 130.75; assault in the first degree as defined in section 120.10,
14 kidnapping in the second degree as defined in section 135.20, burglary
15 in the first degree as defined in section 140.30, arson in the second
16 degree as defined in section 150.15, robbery in the first degree as
17 defined in section 160.15, incest in the first degree as defined in
18 section 255.27, criminal possession of a weapon in the first degree as
19 defined in section 265.04, criminal use of a firearm in the first degree
20 as defined in section 265.09, criminal sale of a firearm in the first
21 degree as defined in section 265.13, aggravated assault upon a police
22 officer or a peace officer as defined in section 120.11, gang assault in
23 the first degree as defined in section 120.07, intimidating a victim or
24 witness in the first degree as defined in section 215.17, hindering
25 prosecution of terrorism in the first degree as defined in section
26 490.35, criminal possession of a chemical weapon or biological weapon in
27 the second degree as defined in section 490.40, and criminal use of a
28 chemical weapon or biological weapon in the third degree as defined in
29 section 490.47.
30 § 3. This act shall take effect on the first of November next succeed-
31 ing the date on which it shall have become a law.
