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S1326Senate2019-2020 Session

Protect Prosecutors from Murder

Official title

“Relates to first degree murder where the intended victim is a prosecutor or district attorney”

Sponsor Rich FunkeSD-55Affects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill adds prosecutors and district attorneys as protected victims under first-degree murder if killed because of their official role.

Why it matters

  1. Expands first-degree murder protections. to include prosecutors and district attorneys, signaling that violence against these officials is considered especially serious due to their crucial role in the justice system.

  2. May deter targeted attacks. on prosecutors and district attorneys by making the penalties for such crimes more severe, aiming to safeguard those who represent the state in criminal proceedings.

  3. Reflects societal concern for the independence and safety of legal officials. , as threats or violence against them can undermine public trust and the fair administration of justice.

  4. Could influence prosecutorial recruitment and retention. , as enhanced legal protections may reassure current and prospective prosecutors about their personal safety in carrying out their duties.

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Who cares

Headline styles

Protect Prosecutors from Murder

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1326

2019-2020 Regular Sessions

IN SENATE

January 14, 2019

Introduced by Sen. FUNKE -- 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.

LBD07090-01-9

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 attor- ney.

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 serv- ing 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.