STATE OF NEW YORK
________________________________________________________________________
1846--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 13, 2017
___________
Introduced by M. of A. HARRIS, SKOUFIS, COLTON, THIELE, MOYA, ORTIZ,
D'URSO, JONES, JENNE, VANEL, DICKENS, HOOPER, M. G. MILLER, LUPINACCI,
PALUMBO, McLAUGHLIN, RA, RAIA, MURRAY, McDONOUGH, MONTESANO, OAKS --
Multi-Sponsored by -- M. of A. COOK, GIGLIO, HAWLEY, LOPEZ, McKEVITT,
MOSLEY -- read once and referred to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the penal law, in relation to the penalty for assault on
a peace officer, police officer, fireman or emergency medical service
professional
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02
2 of the penal law, paragraph (a) as amended by chapter 368 of the laws of
3 2015 and paragraph (b) as amended by chapter 1 of the laws of 2013, are
4 amended to read as follows:
5 (a) Class B violent felony offenses: an attempt to commit the class
6 A-I felonies of murder in the second degree as defined in section
7 125.25, kidnapping in the first degree as defined in section 135.25, and
8 arson in the first degree as defined in section 150.20; manslaughter in
9 the first degree as defined in section 125.20, aggravated manslaughter
10 in the first degree as defined in section 125.22, rape in the first
11 degree as defined in section 130.35, criminal sexual act in the first
12 degree as defined in section 130.50, aggravated sexual abuse in the
13 first degree as defined in section 130.70, course of sexual conduct
14 against a child in the first degree as defined in section 130.75;
15 assault on a peace officer, police officer, fireman or emergency medical
16 services professional as defined in section 120.08, assault in the first
17 degree as defined in section 120.10, kidnapping in the second degree as
18 defined in section 135.20, burglary in the first degree as defined in
19 section 140.30, arson in the second degree as defined in section 150.15,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01544-03-7
A. 1846--A 2
1 robbery in the first degree as defined in section 160.15, sex traffick-
2 ing as defined in paragraphs (a) and (b) of subdivision five of section
3 230.34, incest in the first degree as defined in section 255.27, crimi-
4 nal possession of a weapon in the first degree as defined in section
5 265.04, criminal use of a firearm in the first degree as defined in
6 section 265.09, criminal sale of a firearm in the first degree as
7 defined in section 265.13, aggravated assault upon a police officer or a
8 peace officer as defined in section 120.11, gang assault in the first
9 degree as defined in section 120.07, intimidating a victim or witness in
10 the first degree as defined in section 215.17, hindering prosecution of
11 terrorism in the first degree as defined in section 490.35, criminal
12 possession of a chemical weapon or biological weapon in the second
13 degree as defined in section 490.40, and criminal use of a chemical
14 weapon or biological weapon in the third degree as defined in section
15 490.47.
16 (b) Class C violent felony offenses: an attempt to commit any of the
17 class B felonies set forth in paragraph (a) of this subdivision; aggra-
18 vated criminally negligent homicide as defined in section 125.11, aggra-
19 vated manslaughter in the second degree as defined in section 125.21,
20 aggravated sexual abuse in the second degree as defined in section
21 130.67, [assault on a peace officer, police officer, fireman or emergen-
22 cy medical services professional as defined in section 120.08,] assault
23 on a judge as defined in section 120.09, gang assault in the second
24 degree as defined in section 120.06, strangulation in the first degree
25 as defined in section 121.13, burglary in the second degree as defined
26 in section 140.25, robbery in the second degree as defined in section
27 160.10, criminal possession of a weapon in the second degree as defined
28 in section 265.03, criminal use of a firearm in the second degree as
29 defined in section 265.08, criminal sale of a firearm in the second
30 degree as defined in section 265.12, criminal sale of a firearm with the
31 aid of a minor as defined in section 265.14, aggravated criminal
32 possession of a weapon as defined in section 265.19, soliciting or
33 providing support for an act of terrorism in the first degree as defined
34 in section 490.15, hindering prosecution of terrorism in the second
35 degree as defined in section 490.30, and criminal possession of a chemi-
36 cal weapon or biological weapon in the third degree as defined in
37 section 490.37.
38 § 2. The closing paragraph of section 120.08 of the penal law, as
39 added by chapter 632 of the laws of 1996, is amended to read as follows:
40 Assault on a peace officer, police officer, fireman or emergency
41 medical services professional is a class [C] B felony.
42 § 3. This act shall take effect on the sixtieth day after it shall
43 have become a law.