•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

A03656 Summary:

BILL NOA03656
 
SAME ASNo Same As
 
SPONSORGraf
 
COSPNSRGiglio, Lalor, Hawley
 
MLTSPNSRBarclay, Crouch, Curran, Lawrence
 
Amd §120.05, Pen L
 
Relates to assault on a member of an auxiliary police program.
Go to top    

A03656 Actions:

BILL NOA03656
 
01/30/2017referred to codes
Go to top

A03656 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3656
 
SPONSOR: Graf (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to assault on a member of an auxiliary police program   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to add on-duty auxiliary police offi- cers to the list of public servants for whom it is an assault in the second degree if an individual causes physical injury while intending to prevent such public servant from performing a lawful duty.   SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill amends subdivision 3 of section 120.05 of the Penal Law by adding on-duty members of an auxiliary police program main- tained by a state or local police department or sheriff's department to the list of those public servants for whom it is an assault in the second degree if an individual causes them physical injury while intend- ing to prevent such public servant from performing a lawful duty. Section one of this bill further amends paragraph (a) of subdivision 10 of section 120.05 of the Penal Law by adding school safety agents who are employed by a city with a population of one million or more to the list of those whom it is assault in the second degree to intentionally cause them physical injury while acting at a place the person knows, or should know, is school grounds. Section two of this bill contains the effective date.   JUSTIFICATION: Auxiliary police officers are often called upon across the state to supplement and assist police departments on an as needed basis. Much of the work these auxiliary police officers carry out is traditional police duties that help to preserve peace and order within the community they serve. It is not uncommon for these auxiliary police officers to volun- teer their duties and put themselves in harms way for little to no pay. The intent of this bill is to help protect these courageous individuals by making it an assault in the second degree when an individual phys- ically injures an on-duty auxiliary police officer when intending to prevent such auxiliary police officer from carrying out their lawful duties. Currently, an individual is guilty of assault in the second degree when he or she physically injures a police officer while intend- ing to prevent such police officer from carrying out a lawful duty. With this in mind, there is no reason why the same punishment should not be applied to those who assault on-duty auxiliary police officers who are carrying out similar, if not identical, duties of police officers. Addi- tionally, while this legislation will offer further protection to these auxiliary police officers, it will also serve to benefit the community as it will allow auxiliary police officers to carry out their duties with minimal interference. Additionally, this legislation extends protection to school safety agents employed by a city with•a population of one million or more. These school safety agents located in New York City are responsible for providing security for New York City Public school buildings as well as the school's students and faculty. As is the case with auxiliary police officers, these school safety agents are vital to the protection of the community they serve and this legislation will afford them the degree of protection they deserve and are entitled to. Simultaneously, this legis- lation will not only serve to benefit the school safety agents but also the premises in which they are assigned.   PRIOR LEGISLATIVE HISTORY: A.8379 of 2015-16.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
Go to top

A03656 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3656
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced by M. of A. GRAF, GIGLIO, LALOR, HAWLEY -- Multi-Sponsored by
          --  M.  of  A.    BARCLAY,  CROUCH,  CURRAN, LAWRENCE -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to assault on a member of  an
          auxiliary police program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 3 and 10 of section 120.05 of the  penal  law,
     2  subdivision 3 as amended by chapter 267 of the laws of 2016, subdivision
     3  10 as amended by chapter 268 of the laws of 2016, are amended to read as
     4  follows:
     5    3.  With intent to prevent a peace officer, a police officer, a member
     6  of an auxiliary police program organized and maintained by  a  state  or
     7  local  police department or sheriff's department while performing his or
     8  her duties as such auxiliary police officer, prosecutor  as  defined  in
     9  subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
    10  registered nurse, licensed practical nurse,  public  health  sanitarian,
    11  New  York  city  public health sanitarian, sanitation enforcement agent,
    12  New York city sanitation worker, a firefighter, including a  firefighter
    13  acting  as  a  paramedic  or  emergency medical technician administering
    14  first aid in the course of performance of duty as such  firefighter,  an
    15  emergency medical service paramedic or emergency medical service techni-
    16  cian,  or  medical  or related personnel in a hospital emergency depart-
    17  ment, a city marshal, a school  crossing  guard  appointed  pursuant  to
    18  section  two  hundred  eight-a  of  the general municipal law, a traffic
    19  enforcement officer, traffic enforcement agent or employee of any entity
    20  governed by the public service law in the course of performing an essen-
    21  tial service, from performing a lawful duty, by means including  releas-
    22  ing  or  failing  to  control an animal under circumstances evincing the
    23  actor's intent that the animal obstruct  the  lawful  activity  of  such
    24  peace  officer, police officer, on-duty auxiliary police officer, prose-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05706-01-7

        A. 3656                             2
 
     1  cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
     2  nal procedure law, registered nurse, licensed  practical  nurse,  public
     3  health  sanitarian,  New  York city public health sanitarian, sanitation
     4  enforcement   agent,  New  York  city  sanitation  worker,  firefighter,
     5  paramedic, technician, city marshal,  school  crossing  guard  appointed
     6  pursuant  to  section  two hundred eight-a of the general municipal law,
     7  traffic enforcement officer, traffic enforcement agent or employee of an
     8  entity governed by the public service law, he  or  she  causes  physical
     9  injury  to  such peace officer, police officer, on-duty auxiliary police
    10  officer, prosecutor as defined in subdivision thirty-one of section 1.20
    11  of the criminal procedure  law,  registered  nurse,  licensed  practical
    12  nurse, public health sanitarian, New York city public health sanitarian,
    13  sanitation  enforcement  agent,  New  York city sanitation worker, fire-
    14  fighter, paramedic, technician or medical  or  related  personnel  in  a
    15  hospital  emergency  department,  city  marshal,  school crossing guard,
    16  traffic enforcement officer, traffic enforcement agent or employee of an
    17  entity governed by the public service law; or
    18    10. Acting at a place the person knows, or reasonably should know,  is
    19  on school grounds and with intent to cause physical injury, he or she:
    20    (a)  causes  such  injury  to an employee of a school or public school
    21  district or to a school safety agent employed by a  city  with  a  popu-
    22  lation of one million or more; or
    23    (b)  not  being  a  student  of such school or public school district,
    24  causes physical injury to another, and such other person is a student of
    25  such school who is attending or present for  educational  purposes.  For
    26  purposes  of  this  subdivision the term "school grounds" shall have the
    27  meaning set forth in subdivision fourteen  of  section  220.00  of  this
    28  chapter; or
    29    §  2.  This  act  shall take effect on the sixtieth day after it shall
    30  have become a law.
Go to top