Relates to an increase in punishment for certain actions against on-duty auxiliary police officers such as criminally negligent homicide, assault or menacing of such officer.
STATE OF NEW YORK
________________________________________________________________________
1556
2023-2024 Regular Sessions
IN SENATE
January 12, 2023
___________
Introduced by Sens. ADDABBO, CLEARE, COMRIE, GOUNARDES, JACKSON, KRUEG-
ER, MANNION, MAY, SEPULVEDA, STAVISKY, THOMAS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Codes
AN ACT to amend the penal law, in relation to on duty auxiliary police
officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 10.00 of the penal law is amended by adding a new
2 subdivision 22 to read as follows:
3 22. "On-duty auxiliary police officer" means a member of an auxiliary
4 police program that is organized and maintained by a state or local
5 police department who is acting as an auxiliary police officer at the
6 time of the act or omission.
7 § 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
8 penal law, paragraph (b) as amended by chapter 94 of the laws of 2020
9 and paragraph (c) as amended by chapter 134 of the laws of 2019, are
10 amended to read as follows:
11 (b) Class C violent felony offenses: an attempt to commit any of the
12 class B felonies set forth in paragraph (a) of this subdivision; aggra-
13 vated criminally negligent homicide as defined in section 125.11, aggra-
14 vated manslaughter in the second degree as defined in section 125.21,
15 aggravated sexual abuse in the second degree as defined in section
16 130.67, assault on a peace officer, police officer, firefighter or emer-
17 gency medical services professional as defined in section 120.08,
18 assault on an on-duty auxiliary police officer as defined in section
19 120.08-a, assault on a judge as defined in section 120.09, gang assault
20 in the second degree as defined in section 120.06, strangulation in the
21 first degree as defined in section 121.13, aggravated strangulation as
22 defined in section 121.13-a, burglary in the second degree as defined in
23 section 140.25, robbery in the second degree as defined in section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00486-01-3
S. 1556 2
1 160.10, criminal possession of a weapon in the second degree as defined
2 in section 265.03, criminal use of a firearm in the second degree as
3 defined in section 265.08, criminal sale of a firearm in the second
4 degree as defined in section 265.12, criminal sale of a firearm with the
5 aid of a minor as defined in section 265.14, aggravated criminal
6 possession of a weapon as defined in section 265.19, soliciting or
7 providing support for an act of terrorism in the first degree as defined
8 in section 490.15, hindering prosecution of terrorism in the second
9 degree as defined in section 490.30, and criminal possession of a chemi-
10 cal weapon or biological weapon in the third degree as defined in
11 section 490.37.
12 (c) Class D violent felony offenses: an attempt to commit any of the
13 class C felonies set forth in paragraph (b); reckless assault of a child
14 as defined in section 120.02, assault in the second degree as defined in
15 section 120.05, menacing a police officer or peace officer as defined in
16 section 120.18, menacing an on-duty auxiliary police officer as defined
17 in section 120.19, stalking in the first degree, as defined in subdivi-
18 sion one of section 120.60, strangulation in the second degree as
19 defined in section 121.12, rape in the second degree as defined in
20 section 130.30, criminal sexual act in the second degree as defined in
21 section 130.45, sexual abuse in the first degree as defined in section
22 130.65, course of sexual conduct against a child in the second degree as
23 defined in section 130.80, aggravated sexual abuse in the third degree
24 as defined in section 130.66, facilitating a sex offense with a
25 controlled substance as defined in section 130.90, labor trafficking as
26 defined in paragraphs (a) and (b) of subdivision three of section
27 135.35, criminal possession of a weapon in the third degree as defined
28 in subdivision five, six, seven, eight, nine or ten of section 265.02,
29 criminal sale of a firearm in the third degree as defined in section
30 265.11, intimidating a victim or witness in the second degree as defined
31 in section 215.16, soliciting or providing support for an act of terror-
32 ism in the second degree as defined in section 490.10, and making a
33 terroristic threat as defined in section 490.20, falsely reporting an
34 incident in the first degree as defined in section 240.60, placing a
35 false bomb or hazardous substance in the first degree as defined in
36 section 240.62, placing a false bomb or hazardous substance in a sports
37 stadium or arena, mass transportation facility or enclosed shopping mall
38 as defined in section 240.63, aggravated unpermitted use of indoor pyro-
39 technics in the first degree as defined in section 405.18, and criminal
40 manufacture, sale, or transport of an undetectable firearm, rifle or
41 shotgun as defined in section 265.50.
42 § 3. Section 120.05 of the penal law is amended by adding a new subdi-
43 vision 10-a to read as follows:
44 10-a. With the intent to prevent an on-duty auxiliary police officer
45 from performing a lawful duty, by means including releasing or failing
46 to control an animal under circumstances evincing the actor's intent
47 that the animal obstruct the lawful activity of such on-duty auxiliary
48 police officer, he or she causes physical injury to such on-duty auxil-
49 iary police officer.
50 § 4. The penal law is amended by adding a new section 120.08-a to read
51 as follows:
52 § 120.08-a Assault on an on-duty auxiliary police officer.
53 A person is guilty of assault on an on-duty auxiliary police officer
54 when, with intent to prevent an on-duty auxiliary police officer from
55 performing a lawful duty, he or she causes serious physical injury to
56 such an on-duty auxiliary police officer.
S. 1556 3
1 Assault on an on-duty auxiliary police officer is a class C felony.
2 § 5. Section 120.13 of the penal law, as amended by chapter 765 of the
3 laws of 2005, is amended to read as follows:
4 § 120.13 Menacing in the first degree.
5 A person is guilty of menacing in the first degree when he or she
6 commits the crime of menacing in the second degree and has been previ-
7 ously convicted of the crime of menacing in the second degree or the
8 crime of menacing a police officer or peace officer, or the crime of
9 menacing an on-duty auxiliary police officer within the preceding ten
10 years.
11 Menacing in the first degree is a class E felony.
12 § 6. The penal law is amended by adding a new section 120.19 to read
13 as follows:
14 § 120.19 Menacing an on-duty auxiliary police officer.
15 A person is guilty of menacing an on-duty auxiliary police officer
16 when he or she intentionally places or attempts to place an on-duty
17 auxiliary police officer in reasonable fear of physical injury, serious
18 physical injury or death by displaying a deadly weapon, knife, pistol,
19 revolver, rifle, shotgun, machine gun or other firearm, whether operable
20 or not, where such officer was in the course of performing his or her
21 official duties and the defendant knew or reasonably should have known
22 that such victim was an on-duty auxiliary police officer.
23 Menacing an on-duty auxiliary police officer is a class D felony.
24 § 7. The penal law is amended by adding a new section 195.09 to read
25 as follows:
26 § 195.09 Obstructing the duties of an on-duty auxiliary police officer
27 by means of a self-defense spray device.
28 A person is guilty of obstructing the duties of an on-duty auxiliary
29 police officer by means of a self-defense spray device when, with the
30 intent to prevent an on-duty auxiliary police officer from performing a
31 lawful duty, he or she causes temporary physical impairment to an
32 on-duty auxiliary police officer by intentionally discharging a self-de-
33 fense spray device, as defined in paragraph fourteen of subdivision a of
34 section 265.20 of this part, thereby causing such temporary physical
35 impairment.
36 Obstructing the duties of an on-duty auxiliary police officer by means
37 of a self-defense spray device is a class D felony.
38 § 8. This act shall take effect on the first of November next succeed-
39 ing the date on which it shall have become a law.
