S T A T E O F N E W Y O R K
________________________________________________________________________
1138
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. WEPRIN
-- 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 amended by chapter 405 of the laws of 2010, 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, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03729-01-1
A. 1138 2
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 crimi-
nal 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 separately
amended by chapters 318 and 345 of the laws of 2010, 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, 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 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, registered nurse, licensed practical nurse, sanita-
tion enforcement agent, 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, 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
A. 1138 3
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.