S T A T E   O F   N E W   Y O R K
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                                  6973

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2009
                               ___________

Introduced by M. of A. LENTOL -- 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, a traffic  enforcement  agent  or  a  public
  officer  or  public  employee  performing  school  safety  or security
  duties, and technical corrections relating to assault on a firefighter
  or related personnel in a hospital emergency department, member of  an
  auxiliary  police program, traffic enforcement agent or public officer
  or public employee performing school safety or security duties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "auxiliary
police officer protection act".
  S 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as separately amended by chapters 764 and 765 of the laws  of  2005,  is
amended to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set  forth  in  paragraph  (a);  aggravated  criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in  the  second  degree  as defined in section 125.21, aggravated sexual
abuse in the second degree as defined in section 130.67,  assault  on  a
peace  officer,  police  officer,  [fireman  or]  FIREFIGHTER, emergency
medical services professional, MEMBER OF AN  AUXILIARY  POLICE  PROGRAM,
TRAFFIC  ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORM-
ING SCHOOL SAFETY OR SECURITY DUTIES as defined in section 120.08,  gang
assault  in  the second degree as defined in section 120.06, burglary in
the second degree as defined in section 140.25, robbery  in  the  second
degree  as defined in section 160.10, criminal possession of a weapon in
the second degree as defined  in  section  265.03,  criminal  use  of  a
firearm in the second degree as defined in section 265.08, criminal sale
of a firearm in the second degree as defined in section 265.12, criminal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09944-01-9
              

A. 6973                             2

sale  of a firearm with the aid of a minor as defined in section 265.14,
soliciting or providing support for an act of  terrorism  in  the  first
degree  as defined in section 490.15, hindering prosecution of terrorism
in  the  second  degree  as  defined  in  section  490.30,  and criminal
possession of a chemical weapon or biological weapon in the third degree
as defined in section 490.37.
  S 3. Subdivision 3 of section 120.05 of the penal law, as  amended  by
chapter 45 of the laws of 2008, is amended to read as follows:
  3.  With  intent to prevent a peace officer, a police officer, a fire-
fighter, including a firefighter acting  as  a  paramedic  or  emergency
medical  technician administering first aid in the course of performance
of duty as such firefighter, an emergency medical service  paramedic  or
emergency medical service technician, or medical or related personnel in
a  hospital  emergency department, a city marshal, a traffic enforcement
officer or traffic enforcement agent, A MEMBER OF  AN  AUXILIARY  POLICE
PROGRAM  ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT,
A PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY
DUTIES, from performing a lawful duty, by means including  releasing  or
failing  to  control  an animal under circumstances evincing the actor's
intent that the animal obstruct the lawful activity of such peace  offi-
cer,  police  officer, firefighter, paramedic, technician, city marshal,
traffic enforcement officer or traffic  enforcement  agent,  MEDICAL  OR
RELATED  PERSONNEL  IN  A  HOSPITAL  EMERGENCY  DEPARTMENT, MEMBER OF AN
AUXILIARY POLICE PROGRAM OR PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING
SCHOOL SAFETY OR SECURITY DUTIES, he or she causes  physical  injury  to
such  peace  officer, police officer, firefighter, paramedic, technician
or medical or related personnel in a hospital emergency department, city
marshal, traffic  enforcement  officer  or  traffic  enforcement  agent,
MEMBER  OF  AN  AUXILIARY  POLICE  PROGRAM OR PUBLIC EMPLOYEE PERFORMING
SCHOOL SAFETY OR SECURITY DUTIES; or
  S 4. Section 120.08 of the penal law, as added by chapter 632  of  the
laws of 1996, is amended to read as follows:
S  120.08 Assault on a peace officer, police officer, [fireman or] FIRE-
           FIGHTER, emergency medical services professional,  MEMBER  OF
           AN  AUXILIARY  POLICE  PROGRAM,  TRAFFIC ENFORCEMENT AGENT OR
           PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR
           SECURITY DUTIES.
  A person is guilty of assault on  a  peace  officer,  police  officer,
[fireman  or]  FIREFIGHTER,  emergency  medical  services  professional,
MEMBER OF AN AUXILIARY POLICE  PROGRAM,  TRAFFIC  ENFORCEMENT  AGENT  OR
PUBLIC  OFFICER  OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY
DUTIES when, with intent to prevent a peace officer, A police officer, a
[fireman] FIREFIGHTER, including a [fireman]  FIREFIGHTER  acting  as  a
paramedic or emergency medical technician administering first aid in the
course  of  performance  of  duty as such [fireman] FIREFIGHTER, [or] an
emergency medical service paramedic [or], AND emergency medical  service
technician,  A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAIN-
TAINED BY A STATE OR LOCAL POLICE DEPARTMENT, TRAFFIC ENFORCEMENT  AGENT
OR A PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECU-
RITY  DUTIES,  from  performing  a lawful duty, he OR SHE causes serious
physical injury to such peace officer, police officer,  [fireman]  FIRE-
FIGHTER,  paramedic  [or],  technician,  MEMBER  OF  AN AUXILIARY POLICE
PROGRAM, TRAFFIC ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC  EMPLOYEE
PERFORMING SCHOOL SAFETY OR SECURITY DUTIES.
  Assault  on a peace officer, police officer, [fireman or] FIREFIGHTER,
emergency medical services professional, MEMBER OF AN  AUXILIARY  POLICE

A. 6973                             3

PROGRAM,  TRAFFIC ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC EMPLOYEE
PERFORMING SCHOOL SAFETY OR SECURITY DUTIES is a class C felony.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.