STATE OF NEW YORK
________________________________________________________________________
2533
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed 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. The fact that homi-
14 cide was committed under the influence of extreme emotional disturbance
15 constitutes a mitigating circumstance reducing murder to aggravated
16 manslaughter in the first degree or manslaughter in the first degree and
17 need not be proved in any prosecution initiated under this subdivi-
18 sion[.]; 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.
LBD01760-01-7
