What's happening
This bill makes killing a prosecutor or district attorney because of their job a first-degree murder offense in New York.
Why it matters
Specifically protects prosecutors and district attorneys. By adding them to the list of protected roles under first-degree murder statutes, the bill recognizes their unique risk and the essential function they serve in the justice system.
May deter attacks on public officials. Elevating the murder of a prosecutor or district attorney to first-degree status could serve as a deterrent to those considering violence against these officials because of their work.
Reflects the state’s commitment to the rule of law. The change signals that attacks intended to interfere with the criminal justice process or intimidate legal authorities are considered especially serious threats to public order.
Could impact prosecution and sentencing. This amendment makes it easier for prosecutors to seek the highest level of charges and penalties in cases where a colleague is targeted specifically because of their official duties, potentially leading to harsher sentences for offenders.
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Who cares
Headline styles
Add Protections for Prosecutors
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1118
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sens. FUNKE, 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 murder in the first degree where the intended victim was a prosecutor or district attorney
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (xiii) of paragraph (a) of subdivision 1 of section 125.27 of the penal law, as added by chapter 300 of the laws of 2001, is amended and a new subparagraph (xiv) is added to read as follows:
(xiii) the victim was killed in furtherance of an act of terrorism, as defined in paragraph (b) of subdivision one of section 490.05 of this chapter; [and] or
(xiv) the intended victim was a prosecutor or district attorney, as defined by subdivision thirty-one or thirty-two of section 1.20 of the criminal procedure law and the defendant killed such victim because such victim was, at the time of the killing, a prosecutor or district attorney; and
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04157-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to murder in the first degree where the intended victim was a prosecutor or district attorney
Purpose
To establish the new offense of murder in the first degree when the intended victim was a prosecutor or district attorney.
Summary of provisions
Section 1 of the bill creates a new first degree murder offense under the penal law for intentionally killing a prosecutor or district attorney.
Existing law
Currently, there is no first degree murder offense for the intentional murder of a prosecutor or district attorney.
Justification
The penal law contains the offense of murder in the first degree for the killing of a police officer, correctional facility employee, judge, firefighter, emergency medical technician, ambulance driver, paramedic, physician and registered nurse. However, the intentional murder of a prosecutor or DA is not murder in the first degree in New York State.
Many of the murdered prosecutors, were murdered because they were targeted by criminals they helped put in jail or were attempting to put in jail. While the murder of any individual is reprehensible, it is especially egregious when the victim is someone who is killed for serving the public interest.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.