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.
STATE OF NEW YORK
________________________________________________________________________
6237
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
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.
LBD10029-01-3
A. 6237 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 his or her duties as such auxiliary
22 police officer or employee of any entity governed by the public service
23 law in the course of performing an essential service, from performing a
24 lawful duty, by means including releasing or failing to control an
25 animal under circumstances evincing the actor's intent that the animal
26 obstruct the lawful activity of such peace officer, police officer,
27 prosecutor as defined in subdivision thirty-one of section 1.20 of the
28 criminal procedure law, registered nurse, licensed practical nurse,
29 public health sanitarian, New York city public health sanitarian, sani-
30 tation enforcement agent, New York city sanitation worker, firefighter,
31 paramedic, technician, city marshal, school crossing guard appointed
32 pursuant to section two hundred eight-a of the general municipal law,
33 traffic enforcement officer, traffic enforcement agent, member of an
34 auxiliary police program or employee of an entity governed by the public
35 service law, he or she causes physical injury to such peace officer,
36 police officer, prosecutor as defined in subdivision thirty-one of
37 section 1.20 of the criminal procedure law, registered nurse, licensed
38 practical nurse, public health sanitarian, New York city public health
39 sanitarian, sanitation enforcement agent, New York city sanitation work-
40 er, firefighter, paramedic, technician or medical or related personnel
41 in a hospital emergency department, city marshal, school crossing guard,
42 traffic enforcement officer, traffic enforcement agent, on-duty member
43 of an auxiliary police program or employee of an entity governed by the
44 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. 6237 3
1 member of an auxiliary police program organized and maintained by a
2 state or local police department while performing his or her duties as
3 such auxiliary police officer, from performing a lawful duty, he or she
4 causes serious physical injury to such peace officer, police officer,
5 firefighter, paramedic [or], technician, or on-duty member of an auxil-
6 iary 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 causes the death of a police officer
15 [or], peace officer or a member of an auxiliary police program organized
16 and maintained by a state or local police department where such officer
17 or member of an auxiliary police program was in the course of performing
18 his or her official duties and the defendant knew or reasonably should
19 have known that such victim was a police officer or peace officer or
20 member of an auxiliary police program.
21 Aggravated criminally negligent homicide is a class C felony.
22 § 6. Section 125.21 of the penal law, as added by chapter 765 of the
23 laws of 2005, is amended to read as follows:
24 § 125.21 Aggravated manslaughter in the second degree.
25 A person is guilty of aggravated manslaughter in the second degree
26 when he or she recklessly causes the death of a police officer [or],
27 peace officer or a member of an auxiliary police program organized and
28 maintained by a state or local police department where such officer or
29 member of an auxiliary police program was in the course of performing
30 his or her official duties and the defendant knew or reasonably should
31 have known that such victim was a police officer or peace officer or
32 member of an auxiliary police program.
33 Aggravated manslaughter in the second degree is a class C felony.
34 § 7. Section 125.22 of the penal law, as added by chapter 765 of the
35 laws of 2005, is amended to read as follows:
36 § 125.22 Aggravated manslaughter in the first degree.
37 A person is guilty of aggravated manslaughter in the first degree
38 when:
39 1. with intent to cause serious physical injury to a police officer
40 [or], peace officer or a member of an auxiliary police program organized
41 and maintained by a state or local police department, where such officer
42 or member of an auxiliary police program was in the course of performing
43 his or her official duties and the defendant knew or reasonably should
44 have known that such victim was a police officer [or], a peace officer
45 or a member of an auxiliary police program, he or she causes the death
46 of such officer or member of an auxiliary police program or another
47 police officer or peace officer or a member of an auxiliary police
48 program; or
49 2. with intent to cause the death of a police officer [or], peace
50 officer or a member of an auxiliary police program organized and main-
51 tained by a state or local police department, where such officer or
52 member of an auxiliary police program was in the course of performing
53 his or her official duties and the defendant knew or reasonably should
54 have known that such victim was a police officer [or], a peace officer
55 or a member of an auxiliary police program, he or she causes the death
56 of such officer, member of an auxiliary police program or another police
A. 6237 4
1 officer or peace officer or member of an auxiliary police program under
2 circumstances which do not constitute murder because he or she acts
3 under the influence of extreme emotional disturbance, as defined in
4 paragraph (a) of subdivision one of section 125.25 of this article. The
5 fact that homicide was committed under the influence of extreme
6 emotional disturbance constitutes a mitigating circumstance reducing
7 murder to aggravated manslaughter in the first degree or manslaughter in
8 the first degree and need not be proved in any prosecution initiated
9 under this subdivision.
10 Aggravated manslaughter in the first degree is a class B felony.
11 § 8. Paragraph (a) of subdivision 1 of section 125.26 of the penal law
12 is amended by adding a new subparagraph (ii-b) to read as follows:
13 (ii-b) the intended victim was a member of an auxiliary police program
14 organized and maintained by a state or local police department who was
15 at the time of the killing engaged in the course of performing his or
16 her official duties, and the defendant knew or reasonably should have
17 known that the intended victim was such a member of an auxiliary police
18 program; or
19 § 9. Paragraph (a) of subdivision 1 of section 125.27 of the penal law
20 is amended by adding a new subparagraph (ii-b) to read as follows:
21 (ii-b) the intended victim was a member of an auxiliary police program
22 organized and maintained by a state or local police department who was
23 at the time of the killing engaged in the course of performing his or
24 her official duties, and the defendant knew or reasonably should have
25 known that the intended victim was such a member of an auxiliary police
26 program; or
27 § 10. This act shall take effect on the first of November next
28 succeeding the date upon which it shall have become a law.
