Relates to the unlawful discharge of a loaded firearm toward any police officer, firefighter, corrections officer, peace officer, or emergency medical services personnel.
NEW 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.
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
