What's happening
The Bystander Protection Act increases penalties for offenses against bystanders when public officials are the intended targets.
Why it matters
Raises stakes for crimes involving bystanders. By increasing the penalty classification when a bystander is harmed during an attack targeting a public official, the law seeks to deter reckless or indirect harm to innocent people caught in the crossfire.
Covers a wide range of crimes and targets. This act applies to offenses under several major criminal law articles (assault, homicide, kidnapping, terrorism, etc.) and covers a broad definition of “public official,” including state and federal lawmakers, executive officials, municipal employees, and judges.
Signals special concern for public safety during attacks on officials. By specifically addressing bystander harm during crimes intended for public officials, the law underscores the potential for collateral damage in politically or ideologically motivated attacks and aims to offer additional protection to the public.
May affect prosecutorial decisions and plea negotiations. Prosecutors could be more likely to pursue higher charges in cases with bystander victims, potentially resulting in longer sentences or fewer plea bargains for defendants involved in such incidents.
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Who cares
Headline styles
Increase Penalties for Bystander Harm
Plain English, a few words. Used as the page title.
Sponsors
4 Multi-sponsors
History
- Referred to codes
- Referred to codes
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.
Increase Penalties for Bystander Harm
In Senate Committee · Codes · Sponsor James Tedisco
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
571
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. WALSH, MORINELLO, BRABENEC, TAGUE, HAWLEY, GALLA- HAN, SAYEGH -- Multi-Sponsored by -- M. of A. ANGELINO, DeSTEFANO, DURSO, MANKTELOW -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the bystander protection act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "bystander protection act".
§ 2. The penal law is amended by adding a new section 55.15 to read as follows: § 55.15 Bystander protection.
1. Any offense which was committed against a person during the commission of another offense as set forth in article one hundred twenty, one hundred twenty-one, one hundred twenty-five, one hundred thirty-five, two hundred forty or four hundred ninety of this chapter, where a public official is the intended target of such offense, shall be punishable by the next highest classification of offense for which the person committing such offense was convicted.
2. As used in this section, the term "public official" shall mean:
(i) the governor, lieutenant governor, comptroller or attorney general;
(ii) members of the state legislature;
(iii) state officers and employees including:
(A) heads of state departments and their deputies and assistants other than members of the board of regents of the university of the state of New York who receive no compensation or are compensated on a per diem basis,
(B) officers of state departments, boards, bureaus, divisions, commissions, councils or other state agencies,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02795-01-5
(C) members or directors of public authorities, other than multi-state authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, and employees of such authorities, corporations and commissions;
(iv) United States senators and representatives;
(v) municipal officers and employees including an officer or employee of a municipality, whether paid or unpaid, including members of any administrative board, commission or other agency thereof and in the case of a county, shall be deemed to also include any officer or employee paid from county funds. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a fire chief or assistant fire chief; and
(vi) any state-paid full-time judge or justice of the unified court system.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.