NY State Senate Bill 2023-S5739

Senate Bill S5739

2023-2024 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

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Mar 15, 2023	referred to codes

2023-S5739 (ACTIVE) - Details

See Assembly Version of this Bill:: A4522
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.35, Pen L
Versions Introduced in 2021-2022 Legislative Session:: S8791, A9608

2023-S5739 (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.

2023-S5739 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5739

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 emergency medical services profes-

sional with or without malice is guilty of a class B felony.

 
JUSTIFICATION:

On January 28, 2022 we all tearfully watched as Dominique Luzuriaga, the
widow of 22 year old NYPD Detective Jason Rivera who was shot in cold
blood after responding to a domestic violence call, delivered his heart-
breaking 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 felony which holds a sentence from 5 to 25 years in
prison.

 
LEGISLATIVE HISTORY:

2021-22 S.8791/A.9608

 
FISCAL IMPLICATIONS:

None.

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

2023-S5739 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5739
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 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.
                                                            LBD05145-01-3

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