S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1906
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   assault of a protester in the first, second, and third degrees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 120.80  to
 read as follows:
 § 120.80 ASSAULT OF A PROTESTER IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF ASSAULT OF A PROTESTER IN THE THIRD DEGREE WHEN,
 WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON WHO IS ENGAGED IN
 PROTEST  ACTIVITIES, HE OR SHE CAUSES SUCH INJURY TO SUCH PERSON OR TO A
 THIRD PERSON.
   FOR THE PURPOSES OF THIS  SECTION,  "PROTEST  ACTIVITIES"  SHALL  MEAN
 PEACEFUL PICKETING OR OTHER PEACEFUL DEMONSTRATION, PROTECTED FROM LEGAL
 PROHIBITION BY THE FEDERAL AND STATE CONSTITUTIONS.
   ASSAULT OF A PROTESTER IN THE THIRD DEGREE IS A CLASS E FELONY.
   §  2.  The penal law is amended by adding a new section 120.85 to read
 as follows:
 § 120.85 ASSAULT OF A PROTESTER IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF ASSAULT OF A  PROTESTER  IN  THE  SECOND  DEGREE
 WHEN:
   1.  WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON WHO
 IS ENGAGED IN PROTEST ACTIVITIES, HE OR SHE CAUSES SUCH INJURY  TO  SUCH
 PERSON OR TO A THIRD PERSON; OR
   2.  WITH  INTENT  TO  CAUSE  PHYSICAL  INJURY TO ANOTHER PERSON WHO IS
 ENGAGED IN PROTEST ACTIVITIES, HE OR SHE  CAUSES  SUCH  INJURY  TO  SUCH
 PERSON  OR  TO A THIRD PERSON BY MEANS OF A DEADLY WEAPON OR A DANGEROUS
 INSTRUMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03180-01-3
 A. 1906                             2
 
              

   FOR THE PURPOSES OF THIS  SECTION,  "PROTEST  ACTIVITIES"  SHALL  MEAN
 PEACEFUL PICKETING OR OTHER PEACEFUL DEMONSTRATION, PROTECTED FROM LEGAL
 PROHIBITION BY THE FEDERAL AND STATE CONSTITUTIONS.
   ASSAULT OF A PROTESTER IN THE SECOND DEGREE IS A CLASS C FELONY.
   §  3.  The penal law is amended by adding a new section 120.90 to read
 as follows:
 § 120.90 ASSAULT OF A PROTESTER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ASSAULT OF A PROTESTER IN THE FIRST DEGREE WHEN,
 WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER  PERSON  WHO  IS
 ENGAGED  IN  PROTEST  ACTIVITIES,  HE  OR SHE CAUSES SUCH INJURY TO SUCH
 PERSON OR TO A THIRD PERSON BY MEANS OF A DEADLY WEAPON OR  A  DANGEROUS
 INSTRUMENT.
   FOR  THE  PURPOSES  OF  THIS  SECTION, "PROTEST ACTIVITIES" SHALL MEAN
 PEACEFUL PICKETING OR OTHER PEACEFUL DEMONSTRATION, PROTECTED FROM LEGAL
 PROHIBITION BY THE FEDERAL AND STATE CONSTITUTIONS.
   ASSAULT OF A PROTESTER IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 4. The opening paragraph of subdivision 1 of section  70.25  of  the
 penal law, as amended by chapter 372 of the laws of 1981, is amended and
 a new subdivision 6 is added to read as follows:
   Except  as provided in subdivisions two, two-a [and], five, AND SIX of
 this section, when multiple sentences of imprisonment are imposed  on  a
 person  at the same time, or when a person who is subject to any undisc-
 harged term of imprisonment imposed at a previous time  by  a  court  of
 this  state  is  sentenced  to  an  additional term of imprisonment, the
 sentence or sentences imposed by the court shall run either concurrently
 or consecutively with respect to each other and the undischarged term or
 terms in such manner as the court directs at the time  of  sentence.  If
 the  court does not specify the manner in which a sentence imposed by it
 is to run, the sentence shall run as follows:
   6. WHEN A PERSON IS CONVICTED OF ASSAULT OF A PROTESTER IN  THE  FIRST
 DEGREE, AS DEFINED IN SECTION 120.90 OF THIS CHAPTER, ANY TERM OF IMPRI-
 SONMENT  WHICH  MAY  BE IMPOSED AS A SENTENCE UPON SUCH CONVICTION SHALL
 RUN CONSECUTIVELY TO ANY UNDISCHARGED TERM OF IMPRISONMENT TO WHICH  THE
 DEFENDANT  WAS  SUBJECT AND FOR WHICH HE WAS CONFINED AT THE TIME OF THE
 ASSAULT.
   § 5. Paragraphs (a) and (b) of subdivision 1 of section 70.02  of  the
 penal  law,  paragraph (a) as amended by chapter 189 of the laws of 2018
 and paragraph (b) as amended by chapter 94 of  the  laws  of  2020,  are
 amended to read as follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the  first  degree  as  defined in section 125.22, rape in the first
 degree as defined in section 130.35, criminal sexual act  in  the  first
 degree  as  defined  in  section  130.50, aggravated sexual abuse in the
 first degree as defined in section  130.70,  course  of  sexual  conduct
 against  a  child  in  the  first  degree  as defined in section 130.75;
 assault in the first degree as defined in section 120.10, kidnapping  in
 the  second  degree  as defined in section 135.20, burglary in the first
 degree as defined in section 140.30,  arson  in  the  second  degree  as
 defined  in  section  150.15,  robbery in the first degree as defined in
 section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  sex  trafficking  of a child as
 defined in section 230.34-a, incest in the first degree  as  defined  in
 A. 1906                             3
 
 section  255.27,  criminal possession of a weapon in the first degree as
 defined in section 265.04, criminal use of a firearm in the first degree
 as defined in section 265.09, criminal sale of a firearm  in  the  first
 degree  as  defined  in section 265.13, aggravated assault upon a police
 officer or a peace officer as defined in section 120.11, gang assault in
 the first degree as defined in section 120.07, ASSAULT OF A PROTESTER IN
 THE FIRST DEGREE AS DEFINED IN SECTION 120.90, intimidating a victim  or
 witness  in  the  first  degree  as defined in section 215.17, hindering
 prosecution of terrorism in the  first  degree  as  defined  in  section
 490.35, criminal possession of a chemical weapon or biological weapon in
 the  second  degree  as defined in section 490.40, and criminal use of a
 chemical weapon or biological weapon in the third degree as  defined  in
 section 490.47.
   (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, firefighter or emer-
 gency  medical  services  professional  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, ASSAULT OF A PROTESTER IN
 THE SECOND DEGREE AS DEFINED IN SECTION  120.85,  strangulation  in  the
 first  degree  as defined in section 121.13, aggravated strangulation as
 defined in section 121.13-a, 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  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 chemi-
 cal  weapon  or  biological  weapon  in  the  third degree as defined in
 section 490.37.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.