Categorizes members of an auxiliary police program organized and maintained by a state or local police department with police officers and peace officers for purposes of certain felony classifications.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1746
SPONSOR: Weprin TITLE OF BILL:
An act to amend the penal law, in relation to categorizing members of an
auxiliary police program organized and maintained by a state or local
police department with police officers and peace officers for purposes
of certain felony classifications
SUMMARY OF PROVISIONS:
Section 1 of the bill states that this act shall be known as the "Auxil-
iary Police Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial '
Act."
Section 2 of the bill amends Section 70.02 of the Penal Law (Aggravated
Criminally Negligent Homicide).
Section 3 of the bill amends Section 120.05 of the Penal Law (Aggravated
Criminally Negligent Homicide).
Section 4 of the bill amends subdivision 3 of section 120.05 of the
penal law as amended by chapter 472 of the laws of 2015.
Section 5 of the bill amends 120.08 of the Penal Law (Assault on a Peace
Officer, Police Officer, Firefighter, Emergency Medical Services Profes-
sional, or On-Duty Member of an Auxiliary Police Program) as added by
chapter 632 of the laws of 1996.
Section 6 of the bill amends Section 125.11 of the Penal Law (Aggravated
Criminally Negligent Homicide).
Section 7 of the bill amends Section 125.21 of the Penal Law (Aggravated
Manslaughter in the Second Degree) as added by chapter 765 of the laws
of 2005.
Section 8 of the bill adds amends Section 125.22 of the Penal Law
(Aggravated Manslaughter in the First Degree) as added by chapter 765 by
the laws of 2005.
Section 9 of the bill amends Section 125.26 of the Penal Law (Aggravated
Murder) by adding a new subparagraph (ii-b).
Section 10 of the bill adds amends paragraph (a) of subdivision 1 of
section 125.27 of the Penal Law (Murder in the First Degree) by adding a
new subparagraph (ii-b).
Section 11 of the bill is the effective date.
JUSTIFICATION:
Auxiliary police officers provide a much-needed service to New York
State. Although auxiliary police officers do not engage in preemptive
enforcement action, they do patrol in uniform on the streets of New York
and are a vital part of the law enforcement system in communities across
the state.
On Friday„ March 16th, 2007, auxiliary police officers Yevgeniy Marsha-
lik and Nicholas Pekearo were shot and killed while on patrol in New
York City's West Village. Though the man who shot the officers was
subsequently killed in a firefight with police officers, if his case had
gone to trial he would have likely been charged with lesser crimes for
the murder of auxiliary police officers Marshalik and Pekearo than he
would have for killing a police officer.
Auxiliary police officers are unpaid volunteers who courageously devote
their time to ensuring the safety of the citizens of New York, sometimes
putting themselves in harm's way to do so. Therefore, it is crucial that
we recognize the civically-minded sacrifices they make and strengthen
the penalties for anyone who attacks or kills them while in the line of
duty This bill, the Auxiliary Police Officers Yevgeniy Marshalik and.
Nicholas Pekearo Memorial Act would remedy the inequity under current
law and provide a stronger deterrent to discourage violence against
auxiliary police officers in the future.
PRIOR LEGISLATIVE HISTORY:
06/16/17 referred to codes
01/03/18 referred to codes
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1746
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to categorizing members of an
auxiliary police program organized and maintained by a state or local
police department with police officers and peace officers for purposes
of certain felony classifications
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Auxiliary
2 Police Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act".
3 § 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
4 as amended by chapter 94 of the laws of 2020, is amended to read as
5 follows:
6 (b) Class C violent felony offenses: an attempt to commit any of the
7 class B felonies set forth in paragraph (a) of this subdivision; aggra-
8 vated criminally negligent homicide as defined in section 125.11, aggra-
9 vated manslaughter in the second degree as defined in section 125.21,
10 aggravated sexual abuse in the second degree as defined in section
11 130.67, assault on a peace officer, police officer, firefighter or emer-
12 gency medical services professional as defined in section 120.08, or
13 member of an auxiliary police program, while on duty, assault on a judge
14 as defined in section 120.09, gang assault in the second degree as
15 defined in section 120.06, strangulation in the first degree as defined
16 in section 121.13, aggravated strangulation as defined in section
17 121.13-a, burglary in the second degree as defined in section 140.25,
18 robbery in the second degree as defined in section 160.10, criminal
19 possession of a weapon in the second degree as defined in section
20 265.03, criminal use of a firearm in the second degree as defined in
21 section 265.08, criminal sale of a firearm in the second degree as
22 defined in section 265.12, criminal sale of a firearm with the aid of a
23 minor as defined in section 265.14, aggravated criminal possession of a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03742-01-5
A. 1746 2
1 weapon as defined in section 265.19, soliciting or providing support for
2 an act of terrorism in the first degree as defined in section 490.15,
3 hindering prosecution of terrorism in the second degree as defined in
4 section 490.30, and criminal possession of a chemical weapon or biolog-
5 ical weapon in the third degree as defined in section 490.37.
6 § 3. Subdivision 3 of section 120.05 of the penal law, as amended by
7 chapter 267 of the laws of 2016, is amended to read as follows:
8 3. With intent to prevent a peace officer, a police officer, prosecu-
9 tor as defined in subdivision thirty-one of section 1.20 of the criminal
10 procedure law, registered nurse, licensed practical nurse, public health
11 sanitarian, New York city public health sanitarian, sanitation enforce-
12 ment agent, New York city sanitation worker, a firefighter, including a
13 firefighter acting as a paramedic or emergency medical technician admin-
14 istering first aid in the course of performance of duty as such fire-
15 fighter, an emergency medical service paramedic or emergency medical
16 service technician, or medical or related personnel in a hospital emer-
17 gency department, a city marshal, a school crossing guard appointed
18 pursuant to section two hundred eight-a of the general municipal law, a
19 traffic enforcement officer, traffic enforcement agent, a member of an
20 auxiliary police program organized and maintained by a state or local
21 police department while performing such member's duties as such auxilia-
22 ry police officer or employee of any entity governed by the public
23 service law in the course of performing an essential service, from
24 performing a lawful duty, by means including releasing or failing to
25 control an animal under circumstances evincing the actor's intent that
26 the animal obstruct the lawful activity of such peace officer, police
27 officer, prosecutor as defined in subdivision thirty-one of section 1.20
28 of the criminal procedure law, registered nurse, licensed practical
29 nurse, public health sanitarian, New York city public health sanitarian,
30 sanitation enforcement agent, New York city sanitation worker, fire-
31 fighter, paramedic, technician, city marshal, school crossing guard
32 appointed pursuant to section two hundred eight-a of the general munici-
33 pal law, traffic enforcement officer, traffic enforcement agent, member
34 of an auxiliary police program or employee of an entity governed by the
35 public service law, [he or she] such person causes physical injury to
36 such peace officer, police officer, prosecutor as defined in subdivision
37 thirty-one of section 1.20 of the criminal procedure law, registered
38 nurse, licensed practical nurse, public health sanitarian, New York city
39 public health sanitarian, sanitation enforcement agent, New York city
40 sanitation worker, firefighter, paramedic, technician or medical or
41 related personnel in a hospital emergency department, city marshal,
42 school crossing guard, traffic enforcement officer, traffic enforcement
43 agent, on-duty member of an auxiliary police program or employee of an
44 entity governed by the public service law; or
45 § 4. Section 120.08 of the penal law, as amended by chapter 476 of the
46 laws of 2018, is amended to read as follows:
47 § 120.08 Assault on a peace officer, police officer, firefighter [or],
48 emergency medical services professional, or on-duty member of
49 an auxiliary police program.
50 A person is guilty of assault on a peace officer, or on-duty member of
51 an auxiliary police program, police officer, firefighter [or], emergency
52 medical services professional when, with intent to prevent a peace offi-
53 cer, police officer, a firefighter, including a firefighter acting as a
54 paramedic or emergency medical technician administering first aid in the
55 course of performance of duty as such firefighter, or an emergency
56 medical service paramedic or emergency medical service technician, or a
A. 1746 3
1 member of an auxiliary police program organized and maintained by a
2 state or local police department while performing such member's duties
3 as such auxiliary police officer, from performing a lawful duty, [he or
4 she] such person causes serious physical injury to such peace officer,
5 police officer, firefighter, paramedic [or], technician, or on-duty
6 member of an auxiliary police program.
7 Assault on a peace officer, police officer, firefighter [or], emergen-
8 cy medical services professional, or on-duty member of an auxiliary
9 police program is a class C felony.
10 § 5. Section 125.11 of the penal law, as added by chapter 765 of the
11 laws of 2005, is amended to read as follows:
12 § 125.11 Aggravated criminally negligent homicide.
13 A person is guilty of aggravated criminally negligent homicide when,
14 with criminal negligence, [he or she] such person causes the death of a
15 police officer [or], peace officer or a member of an auxiliary police
16 program organized and maintained by a state or local police department
17 where such officer or member of an auxiliary police program was in the
18 course of performing [his or her] such officer or member's official
19 duties and the defendant knew or reasonably should have known that such
20 victim was a police officer or peace officer or member of an auxiliary
21 police program.
22 Aggravated criminally negligent homicide is a class C felony.
23 § 6. Section 125.21 of the penal law, as added by chapter 765 of the
24 laws of 2005, is amended to read as follows:
25 § 125.21 Aggravated manslaughter in the second degree.
26 A person is guilty of aggravated manslaughter in the second degree
27 when [he or she] such person recklessly causes the death of a police
28 officer [or], peace officer or a member of an auxiliary police program
29 organized and maintained by a state or local police department where
30 such officer or member of an auxiliary police program was in the course
31 of performing [his or her] such officer or member's official duties and
32 the defendant knew or reasonably should have known that such victim was
33 a police officer or peace officer or member of an auxiliary police
34 program.
35 Aggravated manslaughter in the second degree is a class C felony.
36 § 7. Section 125.22 of the penal law, as added by chapter 765 of the
37 laws of 2005, is amended to read as follows:
38 § 125.22 Aggravated manslaughter in the first degree.
39 A person is guilty of aggravated manslaughter in the first degree
40 when:
41 1. with intent to cause serious physical injury to a police officer
42 [or], peace officer or a member of an auxiliary police program organized
43 and maintained by a state or local police department, where such officer
44 or member of an auxiliary police program was in the course of performing
45 [his or her] such officer or member's official duties and the defendant
46 knew or reasonably should have known that such victim was a police offi-
47 cer [or], a peace officer or a member of an auxiliary police program,
48 [he or she] such person causes the death of such officer or member of an
49 auxiliary police program or another police officer or peace officer or a
50 member of an auxiliary police program; or
51 2. with intent to cause the death of a police officer [or], peace
52 officer or a member of an auxiliary police program organized and main-
53 tained by a state or local police department, where such officer or
54 member of an auxiliary police program was in the course of performing
55 [his or her] such officer or member's official duties and the defendant
56 knew or reasonably should have known that such victim was a police offi-
A. 1746 4
1 cer [or], a peace officer or a member of an auxiliary police program,
2 [he or she] such person causes the death of such officer, member of an
3 auxiliary police program or another police officer or peace officer or
4 member of an auxiliary police program under circumstances which do not
5 constitute murder because [he or she] such person acts under the influ-
6 ence of extreme emotional disturbance, as defined in paragraph (a) of
7 subdivision one of section 125.25 of this article. The fact that homi-
8 cide was committed under the influence of extreme emotional disturbance
9 constitutes a mitigating circumstance reducing murder to aggravated
10 manslaughter in the first degree or manslaughter in the first degree and
11 need not be proved in any prosecution initiated under this subdivision.
12 Aggravated manslaughter in the first degree is a class B felony.
13 § 8. Paragraph (a) of subdivision 1 of section 125.26 of the penal law
14 is amended by adding a new subparagraph (ii-b) to read as follows:
15 (ii-b) the intended victim was a member of an auxiliary police program
16 organized and maintained by a state or local police department who was
17 at the time of the killing engaged in the course of performing such
18 member's official duties, and the defendant knew or reasonably should
19 have known that the intended victim was such a member of an auxiliary
20 police program; or
21 § 9. Paragraph (a) of subdivision 1 of section 125.27 of the penal law
22 is amended by adding a new subparagraph (ii-b) to read as follows:
23 (ii-b) the intended victim was a member of an auxiliary police program
24 organized and maintained by a state or local police department who was
25 at the time of the killing engaged in the course of performing such
26 member's official duties, and the defendant knew or reasonably should
27 have known that the intended victim was such a member of an auxiliary
28 police program; or
29 § 10. This act shall take effect on the first of November next
30 succeeding the date upon which it shall have become a law.
