BILL NUMBER: S1037
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
heartbreaking 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:
2024 S.5739/A.4522; 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.

Statutes affected:
S1037: 265.35 penal law