S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7163--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 3, 2013
                                      ___________
       Introduced  by  M.  of A. WEPRIN, TITUS -- read once and referred to the
         Committee on Codes --  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    S 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
   22  with  the aid of a minor as defined in section 265.14, aggravated crimi-
   23  nal possession of a weapon as defined in section 265.19,  soliciting  or
   24  providing support for an act of terrorism in the first degree as defined
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10684-03-3
       A. 7163--A                          2
    1  in  section  490.15,  hindering  prosecution  of terrorism in the second
    2  degree as defined in section 490.30, and criminal possession of a chemi-
    3  cal weapon or biological weapon  in  the  third  degree  as  defined  in
    4  section 490.37.
    5    S  3.  Subdivision 3 of section 120.05 of the penal law, as amended by
    6  chapter 377 of the laws of 2012, is amended to read as follows:
    7    3. With intent to prevent a peace officer, a  police  officer,  regis-
    8  tered nurse, licensed practical nurse, sanitation enforcement agent, New
    9  York  city  sanitation  worker,  a  firefighter, including a firefighter
   10  acting as a paramedic  or  emergency  medical  technician  administering
   11  first  aid  in the course of performance of duty as such firefighter, an
   12  emergency medical service paramedic or emergency medical service techni-
   13  cian, or medical or related personnel in a  hospital  emergency  depart-
   14  ment,  a city marshal, a traffic enforcement officer or traffic enforce-
   15  ment agent, OR A MEMBER OF AN AUXILIARY  POLICE  PROGRAM  ORGANIZED  AND
   16  MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHILE PERFORMING HIS OR
   17  HER  DUTIES  AS  SUCH AUXILIARY POLICE OFFICER, from performing a lawful
   18  duty, by means including releasing or failing to control an animal under
   19  circumstances evincing the actor's intent that the animal  obstruct  the
   20  lawful activity of such peace officer, police officer, registered nurse,
   21  licensed  practical  nurse,  sanitation enforcement agent, New York city
   22  sanitation worker, firefighter,  paramedic,  technician,  city  marshal,
   23  traffic  enforcement  officer or traffic enforcement agent, OR MEMBER OF
   24  AN AUXILIARY POLICE PROGRAM, he or she causes physical  injury  to  such
   25  peace  officer,  police  officer,  registered  nurse, licensed practical
   26  nurse, sanitation enforcement agent, New York  city  sanitation  worker,
   27  firefighter,  paramedic, technician or medical or related personnel in a
   28  hospital emergency department, city marshal, traffic enforcement officer
   29  or traffic enforcement agent, OR ON-DUTY MEMBER OF AN  AUXILIARY  POLICE
   30  PROGRAM; or
   31    S  4.  Section 120.08 of the penal law, as added by chapter 632 of the
   32  laws of 1996, is amended to read as follows:
   33  S 120.08 Assault on a peace officer, police officer, [fireman or]  FIRE-
   34             FIGHTER,  emergency medical services professional, OR ON-DUTY
   35             MEMBER OF AN AUXILIARY POLICE PROGRAM.
   36    A person is guilty of assault on  a  peace  officer,  police  officer,
   37  [fireman  or]  FIREFIGHTER,  emergency medical services professional, OR
   38  ON-DUTY MEMBER OF AN AUXILIARY  POLICE  PROGRAM  when,  with  intent  to
   39  prevent  a  peace  officer,  A  police officer, a [fireman] FIREFIGHTER,
   40  including a [fireman] FIREFIGHTER acting as  a  paramedic  or  emergency
   41  medical  technician administering first aid in the course of performance
   42  of duty as such [fireman] FIREFIGHTER, [or] an emergency medical service
   43  paramedic [or], AND emergency medical service technician, OR A MEMBER OF
   44  AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL
   45  POLICE DEPARTMENT WHILE PERFORMING HIS OR HER DUTIES AS  SUCH  AUXILIARY
   46  POLICE  OFFICER, from performing a lawful duty, he OR SHE causes serious
   47  physical injury to such peace officer, police officer,  [fireman]  FIRE-
   48  FIGHTER,  paramedic  [or], technician, OR ON-DUTY MEMBER OF AN AUXILIARY
   49  POLICE PROGRAM.
   50    Assault on a peace officer, police officer, [fireman or]  FIREFIGHTER,
   51  emergency  medical services professional, OR ON-DUTY MEMBER OF AN AUXIL-
   52  IARY POLICE PROGRAM is a class C felony.
   53    S 5. This act shall take effect on the ninetieth day  after  it  shall
   54  have become a law.