STATE OF NEW YORK
________________________________________________________________________
122--A
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 2015
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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. This act shall be known and may be cited as the "auxiliary
2 police officer protection act".
3 § 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
4 as amended by chapter 1 of the laws of 2013, 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, [fireman or] fire-
12 fighter, emergency medical services professional, or member of an auxil-
13 iary police program, while on duty, as defined in section 120.08,
14 assault on a judge as defined in section 120.09, gang assault in the
15 second degree as defined in section 120.06, strangulation in the first
16 degree as defined in section 121.13, burglary in the second degree as
17 defined in section 140.25, robbery in the second degree as defined in
18 section 160.10, criminal possession of a weapon in the second degree as
19 defined in section 265.03, criminal use of a firearm in the second
20 degree as defined in section 265.08, criminal sale of a firearm in the
21 second degree as defined in section 265.12, criminal sale of a firearm
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01880-02-6
S. 122--A 2
1 with the aid of a minor as defined in section 265.14, aggravated crimi-
2 nal possession of a weapon as defined in section 265.19, soliciting or
3 providing support for an act of terrorism in the first degree as defined
4 in section 490.15, hindering prosecution of terrorism in the second
5 degree as defined in section 490.30, and criminal possession of a chemi-
6 cal weapon or biological weapon in the third degree as defined in
7 section 490.37.
8 § 3. Subdivision 3 of section 120.05 of the penal law, as amended by
9 chapter 196 of the laws of 2014, is amended to read as follows:
10 3. With intent to prevent a peace officer, a police officer, prosecu-
11 tor as defined in subdivision thirty-one of section 1.20 of the criminal
12 procedure law, registered nurse, licensed practical nurse, sanitation
13 enforcement agent, New York city sanitation worker, a firefighter,
14 including a firefighter acting as a paramedic or emergency medical tech-
15 nician administering first aid in the course of performance of duty as
16 such firefighter, an emergency medical service paramedic or emergency
17 medical service technician, or medical or related personnel in a hospi-
18 tal emergency department, a city marshal, a school crossing guard
19 appointed pursuant to section two hundred eight-a of the general munici-
20 pal law, a traffic enforcement officer [or], a traffic enforcement agent
21 or a member of an auxiliary police program organized and maintained by a
22 state or local police department while performing his or her duties as
23 such auxiliary police officer, from performing a lawful duty, by means
24 including releasing or failing to control an animal under circumstances
25 evincing the actor's intent that the animal obstruct the lawful activity
26 of such peace officer, police officer, prosecutor as defined in subdivi-
27 sion thirty-one of section 1.20 of the criminal procedure law, regis-
28 tered nurse, licensed practical nurse, sanitation enforcement agent, New
29 York city sanitation worker, firefighter, paramedic, technician, city
30 marshal, school crossing guard appointed pursuant to section two hundred
31 eight-a of the general municipal law, traffic enforcement officer [or],
32 traffic enforcement agent or member of an auxiliary police program, he
33 or she causes physical injury to such peace officer, police officer,
34 prosecutor as defined in subdivision thirty-one of section 1.20 of the
35 criminal procedure law, registered nurse, licensed practical nurse,
36 sanitation enforcement agent, New York city sanitation worker, fire-
37 fighter, paramedic, technician or medical or related personnel in a
38 hospital emergency department, city marshal, school crossing guard,
39 traffic enforcement officer [or], traffic enforcement agent or on-duty
40 member of an auxiliary police program; or
41 § 4. Subdivision 3 of section 120.05 of the penal law, as amended by
42 chapter 472 of the laws of 2015, is amended to read as follows:
43 3. With intent to prevent a peace officer, a police officer, prosecu-
44 tor as defined in subdivision thirty-one of section 1.20 of the criminal
45 procedure law, registered nurse, licensed practical nurse, public health
46 sanitarian, New York city public health sanitarian, sanitation enforce-
47 ment agent, New York city sanitation worker, a firefighter, including a
48 firefighter acting as a paramedic or emergency medical technician admin-
49 istering first aid in the course of performance of duty as such fire-
50 fighter, an emergency medical service paramedic or emergency medical
51 service technician, or medical or related personnel in a hospital emer-
52 gency department, a city marshal, a school crossing guard appointed
53 pursuant to section two hundred eight-a of the general municipal law, a
54 traffic enforcement officer [or], a traffic enforcement agent or a
55 member of an auxiliary police program organized and maintained by a
56 state or local police department while performing his or her duties as
S. 122--A 3
1 such auxiliary police officer, from performing a lawful duty, by means
2 including releasing or failing to control an animal under circumstances
3 evincing the actor's intent that the animal obstruct the lawful activity
4 of such peace officer, police officer, prosecutor as defined in subdivi-
5 sion thirty-one of section 1.20 of the criminal procedure law, regis-
6 tered nurse, licensed practical nurse, public health sanitarian, New
7 York city public health sanitarian, sanitation enforcement agent, New
8 York city sanitation worker, firefighter, paramedic, technician, city
9 marshal, school crossing guard appointed pursuant to section two hundred
10 eight-a of the general municipal law, traffic enforcement officer or
11 traffic enforcement agent, he or she causes physical injury to such
12 peace officer, police officer, prosecutor as defined in subdivision
13 thirty-one of section 1.20 of the criminal procedure law, registered
14 nurse, licensed practical nurse, public health sanitarian, New York city
15 public health sanitarian, sanitation enforcement agent, New York city
16 sanitation worker, firefighter, paramedic, technician or medical or
17 related personnel in a hospital emergency department, city marshal,
18 school crossing guard, traffic enforcement officer [or], a traffic
19 enforcement agent or on-duty member of an auxiliary police program; or
20 § 5 Section 120.08 of the penal law, as added by chapter 632 of the
21 laws of 1996, is amended to read as follows:
22 § 120.08 Assault on a peace officer, police officer, [fireman or] fire-
23 fighter, emergency medical services professional, or on-duty
24 member of an auxiliary police program.
25 A person is guilty of assault on a peace officer, police officer,
26 [fireman or] firefighter, emergency medical services professional, or
27 on-duty member of an auxiliary police program when, with intent to
28 prevent a peace officer, a police officer, a [fireman] firefighter,
29 including a [fireman] firefighter acting as a paramedic or emergency
30 medical technician administering first aid in the course of performance
31 of duty as such [fireman] firefighter, [or] an emergency medical service
32 paramedic [or], and emergency medical service technician, or a member of
33 an auxiliary police program organized and maintained by a state or local
34 police department while performing his or her duties as such auxiliary
35 police officer, from performing a lawful duty, he or she causes serious
36 physical injury to such peace officer, police officer, [fireman] fire-
37 fighter, paramedic [or], technician, or on-duty member of an auxiliary
38 police program.
39 Assault on a peace officer, police officer, [fireman or] firefighter,
40 emergency medical services professional, or on-duty member of an auxil-
41 iary police program is a class C felony.
42 § 6. This act shall take effect on the ninetieth day after it shall
43 have become a law; provided, however, that section four of this act
44 shall take effect on the same date and in the same manner as section 1
45 of chapter 472 of the laws of 2015, takes effect.
