Establishes the bystander protection act

BILL NUMBER:S2804

Title of bill

An act to amend the penal law, in relation to establishing the bystander protection act

Purpose

This Legislation will create additional penalties and fines for those convicted of injuring or killing an innocent bystander during an attack 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 establishes 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 official that results in harm to a member of the public.

On Friday, April 1, 2011, several law makers received an anonymous e-mail, 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 officials. Under the provisions of this legislation penalties would be heightened by one level for injury to, ox death of, a bystander harmed during an attack on an elected officials.

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 injuring 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.

Legislative history

4/20/11 Referred to Codes 2/14/12 Recommit, Enacting Clause Stricken

Fiscal implications

None noted.

Effective date

This act shall take effect on November 1st, next succeeding the date it becomes law.