S T A T E O F N E W Y O R K
________________________________________________________________________
5841
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to assaults on traffic
enforcement agents and city marshals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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, TRAFFIC ENFORCEMENT AGENT OR CITY MARSHAL
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 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 2. Section 120.08 of the penal law, as added by chapter 632 of the
laws of 1996, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07973-01-9
A. 5841 2
S 120.08 Assault on a peace officer, police officer, [fireman or] FIRE-
FIGHTER, emergency medical services professional, TRAFFIC
ENFORCEMENT AGENT OR CITY MARSHAL.
A person is guilty of assault on a peace officer, police officer,
[fireman or] FIREFIGHTER, emergency medical services professional, TRAF-
FIC ENFORCEMENT AGENT OR CITY MARSHAL 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 techni-
cian administering first aid in the course of performance of duty as
such [fireman] FIREFIGHTER, [or] an emergency medical service paramedic
[or], AN emergency medical service technician, A TRAFFIC ENFORCEMENT
AGENT OR CITY MARSHAL, from performing a lawful duty, he causes serious
physical injury to such peace officer, police officer, [fireman] FIRE-
FIGHTER, paramedic [or], technician, TRAFFIC ENFORCEMENT AGENT OR CITY
MARSHAL.
Assault on a peace officer, police officer, [fireman or] FIREFIGHTER,
emergency medical services professional, TRAFFIC ENFORCEMENT AGENT OR
CITY MARSHAL is a class C felony.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.