Amd §§120.05, 120.08 & 120.11, add §120.05-a, Pen L
Increases the penalties for assault on police officers, peace officers, firefighters and emergency medical technicians causing physical injury or serious physical injury.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2180
SPONSOR: Stern TITLE OF BILL:
An act to amend the penal law, in relation to increasing the penalties
for assault on police officers, peace officers, firefighters and emer-
gency medical technicians
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to enhance public safety by deterring crimi-
nal acts of assault on emergency first responders.
SUMMARY OF PROVISIONS:
Section 1: amends subdivision 3 of section 120.05 of the penal law, as
amended by chapter 267 of the laws of 2016
Section 2: amends the penal law by adding a new section 120.05-a
Section 3: amends section 120.08 of the penal law, as amended by chapter
476 of the laws of 2018
Section 4: amends section 120.11 of the penal law, as amended by chapter
283 of the laws of 1993.
Section 5: sets the effective date
JUSTIFICATION:
Members of law enforcement and emergency first responders risk their
lives on a daily basis in service to our state and communities. While
these brave men and women are considered heroes by most, there are some
individuals who have targeted public protection professionals and first
responders and have carried out heinous crimes against them.
By increasing criminal penalties for persons convicted of assaulting
these emergency response workers, we can deter future occurrences and
ensure that those defendants who target our heroes are punished to the
fullest extent of the law.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A4996 - Referred to Codes
2020: A10989 - Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2180
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. STERN, SIMPSON -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to increasing the penalties
for assault on police officers, peace officers, firefighters and emer-
gency medical technicians
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 120.05 of the penal law, as
2 amended by chapter 267 of the laws of 2016, is amended to read as
3 follows:
4 3. With intent to prevent a peace officer, [a police officer,] prose-
5 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
6 nal procedure law, registered nurse, licensed practical nurse, public
7 health sanitarian, New York city public health sanitarian, sanitation
8 enforcement agent, New York city sanitation worker, a firefighter,
9 including a firefighter acting as a paramedic or emergency medical tech-
10 nician administering first aid in the course of performance of duty as
11 such firefighter, an emergency medical service paramedic or emergency
12 medical service technician, or medical or related personnel in a hospi-
13 tal emergency department, a city marshal, a school crossing guard
14 appointed pursuant to section two hundred eight-a of the general munici-
15 pal law, a traffic enforcement officer, traffic enforcement agent or
16 employee of any entity governed by the public service law in the course
17 of performing an essential service, from performing a lawful duty, by
18 means including releasing or failing to control an animal under circum-
19 stances evincing the actor's intent that the animal obstruct the lawful
20 activity of such peace officer, [police officer,] prosecutor as defined
21 in subdivision thirty-one of section 1.20 of the criminal procedure law,
22 registered nurse, licensed practical nurse, public health sanitarian,
23 New York city public health sanitarian, sanitation enforcement agent,
24 New York city sanitation worker, firefighter, paramedic, technician,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02398-01-3
A. 2180 2
1 city marshal, school crossing guard appointed pursuant to section two
2 hundred eight-a of the general municipal law, traffic enforcement offi-
3 cer, traffic enforcement agent or employee of an entity governed by the
4 public service law, he or she causes physical injury to such peace offi-
5 cer, [police officer,] prosecutor as defined in subdivision thirty-one
6 of section 1.20 of the criminal procedure law, registered nurse,
7 licensed practical nurse, public health sanitarian, New York city public
8 health sanitarian, sanitation enforcement agent, New York city sanita-
9 tion worker, firefighter, paramedic, technician or medical or related
10 personnel in a hospital emergency department, city marshal, school
11 crossing guard, traffic enforcement officer, traffic enforcement agent
12 or employee of an entity governed by the public service law; or
13 § 2. The penal law is amended by adding a new section 120.05-a to read
14 as follows:
15 § 120.05-a Assault on a police officer causing physical injury.
16 A person is guilty of assault on a police officer causing physical
17 injury when, with intent to prevent a police officer from performing a
18 lawful duty, by means including releasing or failing to control an
19 animal under circumstances evincing the actor's intent that the animal
20 obstruct the lawful activity of such police officer, he or she causes
21 physical injury to such police officer.
22 Assault on a police officer causing physical injury is a class C felo-
23 ny.
24 § 3. Section 120.08 of the penal law, as amended by chapter 476 of the
25 laws of 2018, is amended to read as follows:
26 § 120.08 Assault on a peace officer, police officer, firefighter or
27 emergency medical services professional.
28 A person is guilty of assault on a peace officer, police officer,
29 firefighter or emergency medical services professional when, with intent
30 to prevent a peace officer, police officer, a firefighter, including a
31 firefighter acting as a paramedic or emergency medical technician admin-
32 istering first aid in the course of performance of duty as such fire-
33 fighter, or an emergency medical service paramedic or emergency medical
34 service technician, from performing a lawful duty, he or she causes
35 serious physical injury to such peace officer, police officer, fire-
36 fighter, paramedic or technician.
37 Assault on a peace officer, police officer, firefighter or emergency
38 medical services professional is a class [C] B felony.
39 § 4. Section 120.11 of the penal law, as amended by chapter 283 of the
40 laws of 1993, is amended to read as follows:
41 § 120.11 Aggravated assault upon a police officer or a peace officer.
42 A person is guilty of aggravated assault upon a police officer or a
43 peace officer when, with intent to cause serious physical injury to a
44 person whom he knows or reasonably should know to be a police officer or
45 a peace officer engaged in the course of performing his official duties,
46 he causes such injury by means of a deadly weapon or dangerous instru-
47 ment.
48 Aggravated assault upon a police officer or a peace officer is a class
49 [B] A felony.
50 § 5. This act shall take effect immediately.
