senate Bill S6416

Enacts the auxiliary police officer protection act

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Jan / 2014
    • REFERRED TO CODES

Summary

Enacts the auxiliary police officer protection act.

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Bill Details

See Assembly Version of this Bill:
A7163B
Versions:
S6416
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง70.02, 120.05 & 120.08, Pen L

Sponsor Memo

BILL NUMBER:S6416

TITLE OF BILL: An act to amend the penal law, in relation to assault
on a member of an auxiliary police program

SUMMARY OF PROVISIONS:

This bill would amend paragraph (b) of subdivision 1 of section 70.02
as amended by chapter 405 of the laws of 2010 of the Penal Law;
subdivision 3 of section 120.05 of the Penal Law as separately amended
by Chapters 318 and 345 of the laws of 2010 is amended; and Section
120.08 of the Penal Law as added by chapter 632 of the laws of 1996 is
amended.

REASONS FOR SUPPORT:

It is vital that by auxiliary police officers are protected due to
their unique situation. Although these officers do not take
enforcement action to prevent a provoked response from an individual,
they do provide uniform patrol and are a necessary presence to deter
criminal behavior.

Since these officers patrol in uniform they can appear to be police
officers to the untrained eye and are susceptible to attack. Also,
these auxiliary police officers do work in plain clothes during police
operations including, but not limited to the sale of alcohol in
stores. As plain clothes auxiliary officers working alongside Police
officers, auxiliary officers deserve the same protections as police
officers.

Therefore, it is imperative that hold those individuals liable who
would attack an auxiliary police officer and that the penalty they
face is the same as if a police office were attacked. This bill would
complete that objective.

PRIOR LEGISLATIVE HISTORY:

New Bill

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
________________________________________________________________________

                                  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:

  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, OR MEMBER OF AN AUXIL-
IARY  POLICE  PROGRAM,  WHILE  ON  DUTY,  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 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  crimi-
nal  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 chemi-
cal  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 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

  3.  With intent to prevent a peace officer, a police officer, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed  practical  nurse,  sanitation
enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician  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 hospi-
tal emergency department, a city marshal, a traffic enforcement  officer
[or],  traffic  enforcement  agent,  OR  A MEMBER OF AN AUXILIARY POLICE
PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL  POLICE  DEPARTMENT
WHILE  PERFORMING  HIS  OR  HER DUTIES AS SUCH AUXILIARY POLICE OFFICER,
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,  prosecutor  as  defined  in  subdivision thirty-one of
section 1.20 of the criminal procedure law, registered  nurse,  licensed
practical  nurse, sanitation enforcement agent, New York city sanitation
worker,  firefighter,  paramedic,  technician,  city  marshal,   traffic
enforcement  officer  [or],  traffic  enforcement  agent OR MEMBER OF AN
AUXILIARY POLICE PROGRAM, he or she causes physical injury to such peace
officer, police officer, prosecutor as defined in subdivision thirty-one
of section  1.20  of  the  criminal  procedure  law,  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  OR  ON-DUTY
MEMBER OF AN AUXILIARY POLICE PROGRAM; 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, OR ON-DUTY
           MEMBER OF AN AUXILIARY POLICE PROGRAM.
  A person is guilty of assault on  a  peace  officer,  police  officer,
[fireman  or]  FIREFIGHTER,  emergency medical services professional, OR
ON-DUTY MEMBER OF AN AUXILIARY  POLICE  PROGRAM  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, OR A MEMBER OF
AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL
POLICE DEPARTMENT WHILE PERFORMING HIS OR HER DUTIES AS  SUCH  AUXILIARY
POLICE  OFFICER, from performing a lawful duty, he OR SHE causes serious
physical injury to such peace officer, police officer,  [fireman]  FIRE-
FIGHTER,  paramedic  [or], technician, OR ON-DUTY MEMBER OF AN AUXILIARY
POLICE PROGRAM.
  Assault on a peace officer, police officer, [fireman or]  FIREFIGHTER,
emergency  medical services professional, OR ON-DUTY MEMBER OF AN AUXIL-
IARY POLICE PROGRAM is a class C felony.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law; provided, however, that the amendments to subdivision
3  of  section 120.05 of the penal law made by section three of this act
shall take effect on the same date and in the same manner as chapter 259
of the laws of 2013, takes effect.

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