What's happening
This bill increases penalties for crimes committed against bystanders when a public official is the intended target during certain offenses.
Why it matters
Raises the stakes for harming bystanders. The bill increases criminal penalties when an innocent bystander is victimized during an attempted crime targeting a public official, potentially deterring attacks on officials that endanger the public.
Broad definition of 'public official'. The law covers a wide range of government figures, including state and municipal employees, legislators, judges, and even certain board members, so its impact could apply to many types of government-related incidents.
Addresses collateral damage in public attacks. By elevating charges when bystanders are harmed, the bill recognizes and seeks to prevent the wider societal harm and fear caused by politically motivated or anti-government violence.
Signals increased legislative concern for public safety. The measure reflects a legislative priority on protecting not just public officials but also ordinary citizens who may be caught in the crossfire during targeted attacks, aiming to reinforce public confidence in safety at official events or locations.
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Headline styles
Increase Penalties for Bystander Harm
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Assembly Committee · Codes · Sponsor Mary Beth Walsh
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1132
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
Introduced by Sen. TEDISCO -- 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 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,
(C) members or directors of public authorities, other than multi-state authorities, public benefit corporations and commissions at least one of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02795-01-5
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.
Sponsor's memo
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 or killing an innocent bystander during an attack convicted of injuring 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 estab- lishes 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 office that results in harm to a member of the public.
On Friday, April 1,2011, several law makers received an anonymous email, 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 offi- cials. Under the provisions of this legislation, penalties would be heightened by one level for injury to, or death of, a bystander harmed during an attack on an elected official.
As public officials, it is the duty to hear the voices, concerns and ideasof 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 injur- ing 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
02/02/17: S.4042 REFERRED TO CODES
01/03/18: S.4042 REFERRED TO CODES
01/28/19: S.2548 REFERRED TO CODES
01/08/20: S.2548 REFERRED TO CODES
01/11/21: S.1326 REFERRED TO CODES
01/05/22: S.1326 REFERRED TO CODES
01/05/23: S.671 REFERRED TO CODES
01/03/24: S.671 REFERRED TO CODES
Fiscal implications
None noted.
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.