NY State Senate Bill 2021-S8791

Senate Bill S8791

2021-2022 Legislative Session

Relates to the unlawful discharge of a loaded firearm toward any police officer, firefighter, corrections officer, peace officer, or emergency medical services personnel

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2022	referred to codes

2021-S8791 (ACTIVE) - Details

See Assembly Version of this Bill:: A9608
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.35, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S5739, A4522

2021-S8791 (ACTIVE) - Summary

Relates to the unlawful discharge of a loaded firearm toward any police officer, firefighter, corrections officer, peace officer, or emergency medical services personnel.

2021-S8791 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8791

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the penal law, in relation to the unlawful discharge of
a loaded firearm toward any police officer, firefighter, corrections
officer, peace officer, or emergency medical services personnel

 
PURPOSE:

Any individual who shoots a gun at a peace officer, police officer,
corrections officer, firefighter or emergency medical services profes-
sional is guilty of a class B felony.

 
SUMMARY OF PROVISIONS:

Section 1. Section 265.35 of the penal law is amended by adding a new
subdivision 4 to read as follows:

Any person who willfully discharges a loaded firearm or any other gun,
the propelling force of which is gunpowder, while pointed or aimed at a

peace officer, police officer, corrections officer, firefighter or emer-
gency medical service professional, with or without malice, is guilty of
a class B felony.

Section 2. Sets forth the effective date

 
JUSTIFICATION:

On January 28, 2022, we all tearfully watched as Dominique Luzuriaga,
the widow of 22 year-old NYPD Detective Jason Rivera, shot in cold blood
after responding to a domestic violence call, delivered his heartbreak-
ing eulogy. Her words resonated with everyone watching "this system
continues to fail us. We are not safe anymore, not even the members of
the service". New York residents have had enough of the lawlessness that
has wreaked havoc on their communities and has taken too many lives. New
York State's bail reform legislation has handcuffed our law enforcement
and emboldened criminals to repeatedly attack, shoot and kill police
officers. This proposed legislation will hold those accountable for
shooting a gun at our men and women in blue by charging these perpetra-
tors with a class B felony which holds a sentence from 5 to 25 years in
prison.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2021-S8791 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8791
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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 the unlawful discharge  of
   a  loaded  firearm toward any police officer, firefighter, corrections
   officer, peace officer, or emergency medical services personnel

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 265.35 of the penal law is amended by adding a new
 subdivision 4 to read as follows:
   4. ANY PERSON WHO WILLFULLY DISCHARGES A LOADED FIREARM OR  ANY  OTHER
 GUN,  THE PROPELLING FORCE OF WHICH IS GUNPOWDER, WHILE POINTED OR AIMED
 AT A PEACE OFFICER, POLICE OFFICER, CORRECTIONS OFFICER, FIREFIGHTER  OR
 EMERGENCY  MEDICAL  SERVICES  PROFESSIONAL,  WITH  OR WITHOUT MALICE, IS
 GUILTY OF A CLASS B FELONY.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14516-01-2

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