|SAME AS||No Same As|
|COSPNSR||Giglio, Lalor, Hawley|
|MLTSPNSR||Barclay, Crouch, Curran, Lawrence|
|Amd §120.05, Pen L|
|Relates to assault on a member of an auxiliary police program.|
|01/30/2017||referred to codes|
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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.
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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. LBD05706-01-7A. 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.