BILL NUMBER: S1132
SPONSOR: TEDISCO
 
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.