S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6416
                                   I N  S E N A T E
                                   January 22, 2014
                                      ___________
       Introduced  by  Sen. HOYLMAN -- 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 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
   25  in section 490.15, hindering prosecution  of  terrorism  in  the  second
   26  degree as defined in section 490.30, and criminal possession of a chemi-
   27  cal  weapon  or  biological  weapon  in  the  third degree as defined in
   28  section 490.37.
   29    S 3. Subdivision 3 of section 120.05 of the penal law, as  amended  by
   30  chapter 259 of the laws of 2013, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10684-06-4
       S. 6416                             2
    1    3.  With intent to prevent a peace officer, a police officer, prosecu-
    2  tor as defined in subdivision thirty-one of section 1.20 of the criminal
    3  procedure law, registered nurse, licensed  practical  nurse,  sanitation
    4  enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
    5  including a firefighter acting as a paramedic or emergency medical tech-
    6  nician  administering  first aid in the course of performance of duty as
    7  such firefighter, an emergency medical service  paramedic  or  emergency
    8  medical  service technician, or medical or related personnel in a hospi-
    9  tal emergency department, a city marshal, a traffic enforcement  officer
   10  [or],  traffic  enforcement  agent,  OR  A MEMBER OF AN AUXILIARY POLICE
   11  PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL  POLICE  DEPARTMENT
   12  WHILE  PERFORMING  HIS  OR  HER DUTIES AS SUCH AUXILIARY POLICE OFFICER,
   13  from performing a lawful duty, by means including releasing  or  failing
   14  to  control  an  animal  under circumstances evincing the actor's intent
   15  that the animal obstruct the lawful  activity  of  such  peace  officer,
   16  police  officer,  prosecutor  as  defined  in  subdivision thirty-one of
   17  section 1.20 of the criminal procedure law, registered  nurse,  licensed
   18  practical  nurse, sanitation enforcement agent, New York city sanitation
   19  worker,  firefighter,  paramedic,  technician,  city  marshal,   traffic
   20  enforcement  officer  [or],  traffic  enforcement  agent OR MEMBER OF AN
   21  AUXILIARY POLICE PROGRAM, he or she causes physical injury to such peace
   22  officer, police officer, prosecutor as defined in subdivision thirty-one
   23  of section  1.20  of  the  criminal  procedure  law,  registered  nurse,
   24  licensed  practical  nurse,  sanitation enforcement agent, New York city
   25  sanitation worker, firefighter,  paramedic,  technician  or  medical  or
   26  related  personnel  in  a  hospital  emergency department, city marshal,
   27  traffic enforcement officer [or], traffic enforcement agent  OR  ON-DUTY
   28  MEMBER OF AN AUXILIARY POLICE PROGRAM; or
   29    S  4.  Section 120.08 of the penal law, as added by chapter 632 of the
   30  laws of 1996, is amended to read as follows:
   31  S 120.08 Assault on a peace officer, police officer, [fireman or]  FIRE-
   32             FIGHTER,  emergency medical services professional, OR ON-DUTY
   33             MEMBER OF AN AUXILIARY POLICE PROGRAM.
   34    A person is guilty of assault on  a  peace  officer,  police  officer,
   35  [fireman  or]  FIREFIGHTER,  emergency medical services professional, OR
   36  ON-DUTY MEMBER OF AN AUXILIARY  POLICE  PROGRAM  when,  with  intent  to
   37  prevent  a  peace  officer,  A  police officer, a [fireman] FIREFIGHTER,
   38  including a [fireman] FIREFIGHTER acting as  a  paramedic  or  emergency
   39  medical  technician administering first aid in the course of performance
   40  of duty as such [fireman] FIREFIGHTER, [or] an emergency medical service
   41  paramedic [or], AND emergency medical service technician, OR A MEMBER OF
   42  AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL
   43  POLICE DEPARTMENT WHILE PERFORMING HIS OR HER DUTIES AS  SUCH  AUXILIARY
   44  POLICE  OFFICER, from performing a lawful duty, he OR SHE causes serious
   45  physical injury to such peace officer, police officer,  [fireman]  FIRE-
   46  FIGHTER,  paramedic  [or], technician, OR ON-DUTY MEMBER OF AN AUXILIARY
   47  POLICE PROGRAM.
   48    Assault on a peace officer, police officer, [fireman or]  FIREFIGHTER,
   49  emergency  medical services professional, OR ON-DUTY MEMBER OF AN AUXIL-
   50  IARY POLICE PROGRAM is a class C felony.
   51    S 5. This act shall take effect on the ninetieth day  after  it  shall
   52  have become a law; provided, however, that the amendments to subdivision
   53  3  of  section 120.05 of the penal law made by section three of this act
   54  shall take effect on the same date and in the same manner as chapter 259
   55  of the laws of 2013, takes effect.