S T A T E O F N E W Y O R K
________________________________________________________________________
2540
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
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 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, TRAFFIC ENFORCEMENT
AGENT OR CITY MARSHAL 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 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 chemi-
cal weapon or biological weapon in the third degree as defined in
section 490.37.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03093-01-1
A. 2540 2
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:
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.