senate Bill S4013

Protects members of auxiliary police programs, traffic enforcement agents or public officers or public employees performing school safety or security duties

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 04 / Mar / 2013
    • REFERRED TO CODES

Summary

Establishes the same protection afforded to peace officers, police officers, firefighters, and emergency medical professionals to members of auxiliary police programs, traffic enforcement agents or public officers or public employees performing school safety or security duties.

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Bill Details

Versions:
S4013
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02, 120.05 & 120.08, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3700A
2009-2010: S4576

Sponsor Memo

BILL NUMBER:S4013

TITLE OF BILL: 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

SUMMARY OF PROVISIONS: This act shall be known as and may be cited as
the "Auxiliary Police Officer Protection Act."

This bill would amend subdivision 3 of section 120.05 of the Penal Law
to make it an assault in the second degree, a class D felony, to
injure an auxiliary police officer, traffic enforcement agent (TEA) or
school safety personnel with the intent to prevent such auxiliary
police officer, TEA or school safety personnel from performing his or
her duty. It would further amend section 120.08 of the Penal Law (with
a technical amendment to Penal Law § 70.02) to make it a class C
felony to seriously injure an auxiliary police officer, a TEA or
school safety personnel with the intent to prevent such person from
performing his/her duties.

This bill also would make the following technical amendments: (1) an
amendment to Penal Law120.05(3) to include "medical or related
personnel in a hospital emergency department in the clause relating to
the releasing of or failure to control an animal, which was added by a
1998 amendment to section 120.05(3); and (2) amendments to Penal Law
§§ 70.02(1) (b), 120.05(3) and 120.08 changing "fireman" to the
gender-neutral "firefighter."

REASONS FOR SUPPORT: On March 14, 2007, the lives of two brave young
New York City Police Department Auxiliary Police Officers were taken
in a murderous rampage. Auxiliary Police Officers Nicholas Pekearo and
Eugene Narshalik died heroically, and their efforts probably prevented
further death and injury from occurring.

Auxiliary police officers, TEAs, and school safety personnel put their
lives on the line for the safety of the public daily. In order to do
their jobs effectively, they must be reasonably assured that the law
provides a deterrent to those who would commit criminal acts that
could result in their death. It is not only the safety of these public
servants at stake, but the welfare of our citizenry, since their
safety and well-being depends upon the ability of these public
servants to perform their duties unfettered by criminal acts of
interference.

The Legislature took a monumental step forward when it passed
legislation which became Chapter 632 of the Laws of 1996. This law
created a new class C felony crime: assault on a peace officer, police
officer, fireman or emergency medical services professional. A person
is guilty of this crime when he or she causes serious physical injury
to a peace officer, police officer, firefighter or emergency medical
services professional with intent to prevent such civil servant from


performing a lawful duty. With the enactment of Chapter 632, the Penal
Law now provides enhanced assault charges against persons who cause
either physical injury or serious physical injury to law enforcement
officers and other emergency personnel by criminal acts of
interference. This bill takes a logical and necessary step by
extending the protection that already exists for police officers,
peace officers, firefighters and emergency medical services
professionals to auxiliary police officers, TEAs and school safety
personnel.

The job of the TEA is to maintain the smooth flow of traffic by
issuing summonses to vehicles parked illegally, and where required, by
towing these vehicles. In 2006, 47 TEAs in the City of New York were
assaulted and 79 were harassed. School safety personnel face similar
abuse as they perform the important function of protecting our public
schools. In 2006, in New York City alone, 108 school safety agents
employed by the New York City Police Department were assaulted by
members of the public and 195 were harassed.

The dangers faced by auxiliary police officers are somewhat different
since their mission does not include taking the enforcement action
that might provoke such a response. However, it is equally vital that
they be protected by the changes that this bill offers because of
their unique situation. The primary role of auxiliary police officers
is to perform uniformed patrol, providing a visible and reassuring
presence and assisting the Police Department in not only deterring
crime but also reporting crime and quality of life violations when
they observe them. They can easily be mistaken for police officers,
and they are susceptible to attack while performing their duties, and
therefore those who would attack them should receive the same level of
penalty as those who would attack police officers.

This bill will send a strong message that those who impede lawful
authority will be held liable for the results of their illegal
conduct. As law enforcement officers and those who work with them
continue to make dramatic breakthroughs in reducing crime, it is
important that our laws protect their safety in every possible way.
This bill accomplishes that objective.

PRIOR LEGISLATIVE HISTORY:

A.8894 of 2007
A.6973 of 2009; A.6973/S.4576 Held in Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4013

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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,  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  amended  by  chapter  1  of  the laws of 2013, 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) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated 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]  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  as  defined  in
section  120.08,  assault  on a judge as defined in section 120.09, gang
assault in the second degree as defined in section 120.06, strangulation
in the first degree as defined in section 121.13, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04449-02-3

S. 4013                             2

second degree as defined in section 265.08, criminal sale of  a  firearm
in  the  second  degree as defined in section 265.12, criminal sale of a
firearm with the aid of a minor as defined in section 265.14, aggravated
criminal possession of a weapon as defined in section 265.19, 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 377 of the laws of 2012, is amended to read as follows:
  3.  With  intent  to prevent a peace officer, a police officer, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York city sanitation worker,  a  firefighter,  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 techni-
cian,  or  medical  or related personnel in a hospital emergency depart-
ment, a city marshal, a traffic enforcement officer or traffic  enforce-
ment  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  officer,  police
officer, registered nurse, licensed practical nurse, sanitation enforce-
ment  agent,  New  York  city sanitation worker, 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, registered
nurse, licensed practical nurse, sanitation enforcement agent, New  York
city sanitation worker, 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

S. 4013                             3

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
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.

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