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Sponsors
1 Co-sponsor
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 56–4
- Ordered to third reading cal.1001
- Committee discharged and committed to rules
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–3
- Ordered to third reading cal.1726
Show 1 earlier action
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to causing the death of a police officer
In Assembly Committee · Codes · Sponsor Edward Braunstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5849
Title of bill
An act to amend the penal law, in relation to causing the death of a police or peace officer
Summary of provisions
This act shall be known as and may be cited as the "Police Officer Vincent Guidice Memorial Act." This bill would amend Section 125.22 of the Penal Law, aggravated manslaughter in the first degree, to make it a class B felony to cause the death of a police officer or peace officer, when the offender acts with intent to prevent such civil servant from performing a lawful duty.
Reasons for support
On May 22, 1996, New York City Police Officer Vincent Guidice died tragically as a result of serious injuries that he sustained in the line of duty. Police Officer Guidice had responded to a report of domestic violence and attempted to make an arrest. He struggled with the suspect amid shards of glass from a broken mirror that had been thrown upon the floor earlier in the domestic dispute. Office Guidice died as a result of injuries he sustained during the struggle.
Subsequently, the Office of the Bronx County District Attorney filed charges of manslaughter in the second degree and criminally negligent homicide because the District Attorney concluded that the facts of the case would not support a more serious charge. The Grand Jury ultimately indicted the defendant on lesser charges including assault in the second degree, a class D felony, as well as criminally negligent homicide, a class E felony. Even though the Penal Law charges of murder in the second degree or manslaughter in the first degree could have been interpreted to include the facts of this case, Officer Guidice's killer was charged only with a class D felony. Because of the possibility of this kind of interpretation, the Penal Law should be amended to make absolutely clear the consequences of causing an officers death in this manner.
This legislation seeks to establish a homicide charge when an officer's life is taken. However, it would not subject offenders to capital punishment, which remains reserved for those who intentionally cause death.
Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.