S T A T E O F N E W Y O R K
________________________________________________________________________
7163
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
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 as defined in section 120.08, assault on a judge as
14 defined in section 120.09, gang assault in the second degree as defined
15 in section 120.06, strangulation in the first degree as defined in
16 section 121.13, burglary in the second degree as defined in section
17 140.25, robbery in the second degree as defined in section 160.10, crim-
18 inal possession of a weapon in the second degree as defined in section
19 265.03, criminal use of a firearm in the second degree as defined in
20 section 265.08, criminal sale of a firearm in the second degree as
21 defined in section 265.12, criminal sale of a firearm with the aid of a
22 minor as defined in section 265.14, aggravated criminal possession of a
23 weapon as defined in section 265.19, soliciting or providing support for
24 an act of terrorism in the first degree as defined in section 490.15,
25 hindering prosecution of terrorism in the second degree as defined in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10684-02-3
A. 7163 2
1 section 490.30, and criminal possession of a chemical weapon or biolog-
2 ical weapon in the third degree as defined in section 490.37.
3 S 3. Subdivision 3 of section 120.05 of the penal law, as amended by
4 chapter 377 of the laws of 2012, is amended to read as follows:
5 3. With intent to prevent a peace officer, a police officer, regis-
6 tered nurse, licensed practical nurse, sanitation enforcement agent, New
7 York city sanitation worker, a firefighter, including a firefighter
8 acting as a paramedic or emergency medical technician administering
9 first aid in the course of performance of duty as such firefighter, an
10 emergency medical service paramedic or emergency medical service techni-
11 cian, or medical or related personnel in a hospital emergency depart-
12 ment, a city marshal, a traffic enforcement officer or traffic enforce-
13 ment agent, OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND
14 MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, from performing a
15 lawful duty, by means including releasing or failing to control an
16 animal under circumstances evincing the actor's intent that the animal
17 obstruct the lawful activity of such peace officer, police officer,
18 registered nurse, licensed practical nurse, sanitation enforcement
19 agent, New York city sanitation worker, firefighter, paramedic, techni-
20 cian, city marshal, traffic enforcement officer or traffic enforcement
21 agent, OR MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes phys-
22 ical injury to such peace officer, police officer, registered nurse,
23 licensed practical nurse, sanitation enforcement agent, New York city
24 sanitation worker, firefighter, paramedic, technician or medical or
25 related personnel in a hospital emergency department, city marshal,
26 traffic enforcement officer or traffic enforcement agent, OR MEMBER OF
27 AN AUXILIARY POLICE PROGRAM; or
28 S 4. Section 120.08 of the penal law, as added by chapter 632 of the
29 laws of 1996, is amended to read as follows:
30 S 120.08 Assault on a peace officer, police officer, [fireman or] FIRE-
31 FIGHTER, emergency medical services professional, OR MEMBER
32 OF AN AUXILIARY POLICE PROGRAM.
33 A person is guilty of assault on a peace officer, police officer,
34 [fireman or] FIREFIGHTER, emergency medical services professional, OR
35 MEMBER OF AN AUXILIARY POLICE PROGRAM when, with intent to prevent a
36 peace officer, A police officer, a [fireman] FIREFIGHTER, including a
37 [fireman] FIREFIGHTER acting as a paramedic or emergency medical techni-
38 cian administering first aid in the course of performance of duty as
39 such [fireman] FIREFIGHTER, [or] an emergency medical service paramedic
40 [or], AND emergency medical service technician, OR A MEMBER OF AN AUXIL-
41 IARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE
42 DEPARTMENT, from performing a lawful duty, he OR SHE causes serious
43 physical injury to such peace officer, police officer, [fireman] FIRE-
44 FIGHTER, paramedic [or], technician, OR MEMBER OF AN AUXILIARY POLICE
45 PROGRAM.
46 Assault on a peace officer, police officer, [fireman or] FIREFIGHTER,
47 emergency medical services professional, OR MEMBER OF AN AUXILIARY
48 POLICE PROGRAM is a class C felony.
49 S 5. This act shall take effect on the ninetieth day after it shall
50 have become a law.