Senate Bill S6328

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6328

                            I N  S E N A T E

                            January 14, 2014
                               ___________

Introduced  by  Sen. MAZIARZ -- 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.
                                                           LBD10684-07-4

S. 6328                             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], AN 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 that if the provisions of chapter 259 of  the
laws of 2013 shall not have become a law on or before such date then the
provisions  of  section  three of this act shall take effect on the same
date and same manner as chapter 259 of the laws of 2013 takes effect.