STATE OF NEW YORK
________________________________________________________________________
5390
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sen. SCARCELLA-SPANTON -- 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 increasing the offense
classification for certain assault offenses regarding police officers
and peace officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 120.05-a
2 to read as follows:
3 § 120.05-a Assault in the second degree on a police officer or peace
4 officer.
5 A person is guilty of assault in the second degree on a police officer
6 or peace officer when with intent to prevent a police officer, as
7 defined in subdivision thirty-four of section 1.20 of the criminal
8 procedure law, or a peace officer, as defined in section 2.10 of the
9 criminal procedure law, from performing a lawful duty, by means includ-
10 ing releasing or failing to control an animal under circumstances evinc-
11 ing the actor's intent that the animal obstruct the lawful activity of
12 such police officer or peace officer, such person causes physical injury
13 to such police officer or peace officer.
14 Assault in the second degree on a police officer or peace officer is a
15 class C felony.
16 § 2. Subdivision 3 of section 120.05 of the penal law, as amended by
17 chapter 267 of the laws of 2016, is amended to read as follows:
18 3. With intent to prevent a [peace officer, a police officer,] prose-
19 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
20 nal procedure law, registered nurse, licensed practical nurse, public
21 health sanitarian, New York city public health sanitarian, sanitation
22 enforcement agent, New York city sanitation worker, a firefighter,
23 including a firefighter acting as a paramedic or emergency medical tech-
24 nician administering first aid in the course of performance of duty as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07425-01-5
S. 5390 2
1 such firefighter, an emergency medical service paramedic or emergency
2 medical service technician, or medical or related personnel in a hospi-
3 tal emergency department, a city marshal, a school crossing guard
4 appointed pursuant to section two hundred eight-a of the general munici-
5 pal law, a traffic enforcement officer, traffic enforcement agent or
6 employee of any entity governed by the public service law in the course
7 of performing an essential service, from performing a lawful duty, by
8 means including releasing or failing to control an animal under circum-
9 stances evincing the actor's intent that the animal obstruct the lawful
10 activity of such [peace officer, police officer,] prosecutor as defined
11 in subdivision thirty-one of section 1.20 of the criminal procedure law,
12 registered nurse, licensed practical nurse, public health sanitarian,
13 New York city public health sanitarian, sanitation enforcement agent,
14 New York city sanitation worker, firefighter, paramedic, technician,
15 city marshal, school crossing guard appointed pursuant to section two
16 hundred eight-a of the general municipal law, traffic enforcement offi-
17 cer, traffic enforcement agent or employee of an entity governed by the
18 public service law, [he or she] such person causes physical injury to
19 such [peace officer, police officer,] prosecutor as defined in subdivi-
20 sion thirty-one of section 1.20 of the criminal procedure law, regis-
21 tered nurse, licensed practical nurse, public health sanitarian, New
22 York city public health sanitarian, sanitation enforcement agent, New
23 York city sanitation worker, firefighter, paramedic, technician or
24 medical or related personnel in a hospital emergency department, city
25 marshal, school crossing guard, traffic enforcement officer, traffic
26 enforcement agent or employee of an entity governed by the public
27 service law; or
28 § 3. Section 120.08 of the penal law, as amended by chapter 476 of the
29 laws of 2018, is amended to read as follows:
30 § 120.08 Assault on a peace officer, police officer, firefighter or
31 emergency medical services professional.
32 A person is guilty of assault on a peace officer, police officer,
33 firefighter or emergency medical services professional when, with intent
34 to prevent a peace officer, police officer, a firefighter, including a
35 firefighter acting as a paramedic or emergency medical technician admin-
36 istering first aid in the course of performance of duty as such fire-
37 fighter, or an emergency medical service paramedic or emergency medical
38 service technician, from performing a lawful duty, [he or she] such
39 person causes serious physical injury to such peace officer, police
40 officer, firefighter, paramedic or technician.
41 Assault on a peace officer, police officer, firefighter or emergency
42 medical services professional is a class [C] B felony.
43 § 4. Section 120.11 of the penal law, as amended by chapter 283 of the
44 laws of 1993, is amended to read as follows:
45 § 120.11 Aggravated assault upon a police officer or a peace officer.
46 A person is guilty of aggravated assault upon a police officer or a
47 peace officer when, with intent to cause serious physical injury to a
48 person whom [he knows] they know or reasonably should know to be a
49 police officer or a peace officer engaged in the course of performing
50 [his] their official duties, [he] such person causes such injury by
51 means of a deadly weapon or dangerous instrument.
52 Aggravated assault upon a police officer or a peace officer is a class
53 [B] A felony.
54 § 5. This act shall take effect on the first of November next succeed-
55 ing the date upon which it shall have become a law.
