S T A T E O F N E W Y O R K
________________________________________________________________________
4343
2013-2014 Regular Sessions
I N A S S E M B L Y
February 4, 2013
___________
Introduced by M. of A. PRETLOW, MAYER -- read once and referred to the
Committee 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 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-
FIGHTERS, emergency medical services professional, TRAFFIC ENFORCEMENT
AGENCY OR CITY MARSHAL 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, crim-
inal 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 chemical weapon or biolog-
ical 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.
LBD07774-02-3
A. 4343 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; provided, however, that if section 27 of chapter 1 of
the laws of 2013 shall not have taken effect on or before such date then
section one of this act shall take effect on the same date and in the
same manner as section 27 of such chapter of the laws of 2013 takes
effect.