STATE OF NEW YORK
________________________________________________________________________
7688
IN SENATE
June 13, 2012
___________
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to the definitions of aggra-
vated and first degree murder
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 "Mark's Law".
2 § 2. The opening paragraph of subdivision 1 of section 125.26 of the
3 penal law, as added by chapter 765 of the laws of 2005, is amended to
4 read as follows:
5 With intent to cause the death of another person, he or she causes the
6 death of such person, or of a third person who was a person described in
7 subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of this subdi-
8 vision engaged at the time of the killing in the course of performing
9 his or her official duties; and
10 § 3. Paragraph (a) of subdivision 1 of section 125.26 of the penal law
11 is amended by adding a new subparagraph (ii-a) to read as follows:
12 (ii-a) the intended victim was a member of a first response team who,
13 in the course of the individual's official duties, performs emergency
14 response activities and was engaged in such activities at the time of
15 killing and the defendant knew or reasonably should have known that the
16 intended victim was such a member of a first response team; or
17 § 4. Paragraph (a) of subdivision 1 of section 125.27 of the penal law
18 is amended by adding a new subparagraph (ii-a) to read as follows:
19 (ii-a) the intended victim was a member of a first response team who,
20 in the course of the individual's official duties, performs emergency
21 response activities and was engaged in such activities at the time of
22 killing and the defendant knew or reasonably should have known that the
23 intended victim was such a member of a first response team; or
24 § 5. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08343-12-2