senate Bill S6822

2013-2014 Legislative Session

Categorizes members of an auxiliary police program organized and maintained by a state or local police department with police officers and peace officers for purposes of certain felony classifications

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Mar 13, 2014 referred to codes

S6822 - Bill Details

See Assembly Version of this Bill:
A9139
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง125.11, 125.21, 125.22, 125.26 & 125.27, Pen L

S6822 - Bill Texts

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Categorizes members of an auxiliary police program organized and maintained by a state or local police department with police officers and peace officers for purposes of certain felony classifications.

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BILL NUMBER:S6822

TITLE OF BILL: An act to amend the penal law, in relation to
categorizing members of an auxiliary police program organized and
maintained by a state or local police department with police officers
and peace officers for purposes of certain felony classifications

SUMMARY OF PROVISIONS:

Section 1 of the bill states that this act shall be known as the
"Auxiliary Police Officers Yevgeniy Marshalik and Nicholas Pekearo
Memorial Act."

Section 2 of the bill adds members of auxiliary police programs to
Section 125.11 of the Penal Law (Aggravated Criminally Negligent
Homicide).

Section 3 of the bill adds members of auxiliary police programs to
Section 125.21 of the Penal Law (Aggravated Manslaughter in the Second
Degree).

Section 4 of the bill adds members of auxiliary police programs to
Section 125.22 of the Penal Law (Aggravated Manslaughter in the First
Degree).

Section 5 of the bill adds members of auxiliary police programs to
Section 125.26 of the Penal Law (Aggravated Murder).

Section 6 of the bill adds members of auxiliary police programs to
Section 125.27 of the Penal Law (Murder in the First Degree).

Section 7 of the bill states that the bill shall take effect on
November 1.

JUSTIFICATION: Auxiliary police officers provide a much-needed
service to New York State. Although auxiliary police officers do not
engage in preemptive enforcement action, they do patrol in uniform on
the streets of New York and are a vital part of the law enforcement
system in communities across the state.

On Friday, March 16th, 2007, auxiliary police officers Yevgeniy
Marshalik and Nicholas Pekearo were shot and killed while on patrol in
New York City's West Village. Though the man who shot the officers was
subsequently killed in a firefight with police officers, if his case
had gone to trial he would have likely been charged with lesser crimes
for the murder of auxiliary police officers Marshalik and Pekearo than
he would have for killing a police officer.

Auxiliary police officers are unpaid volunteers who courageously
devote their time to ensuring the safety of the citizens of New York,
sometimes putting themselves in harm's way to do so. Therefore, it is
crucial that we recognize the civically-minded sacrifices they make
and strengthen the penalties for anyone who kills them while in the
line of duty.

This bill, the Auxiliary Police Officers Yevgeniy Marshalik and
Nicholas Pekearo Memorial Act, would remedy the inequity under current


law and provide a stronger deterrent to discourage violence against
auxiliary police officers in the future.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date upon which it shall have become a law.

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

                                  6822

                            I N  S E N A T E

                             March 13, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 categorizing members of an
  auxiliary police program organized and maintained by a state or  local
  police department with police officers and peace officers for purposes
  of certain felony classifications

  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 Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act."
  S  2.  Section 125.11 of the penal law, as added by chapter 765 of the
laws of 2005, is amended to read as follows:
S 125.11 Aggravated criminally negligent homicide.
  A person is guilty of aggravated criminally negligent  homicide  when,
with criminal negligence, he or she causes the death of a police officer
[or]  ,  peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGAN-
IZED AND MAINTAINED BY A STATE OR LOCAL  POLICE  DEPARTMENT  where  such
officer  OR  MEMBER  OF AN AUXILIARY POLICE PROGRAM was in the course of
performing his or her official duties and the defendant knew or  reason-
ably  should  have  known that such victim was a police officer or peace
officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM.
  Aggravated criminally negligent homicide is a class C felony.
  S 3. Section 125.21 of the penal law, as added by chapter 765  of  the
laws of 2005, is amended to read as follows:
S 125.21 Aggravated manslaughter in the second degree.
  A  person  is  guilty  of aggravated manslaughter in the second degree
when he or she recklessly causes the death of  a  police  officer  [or],
peace  officer  OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND
MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such  officer  OR
MEMBER  OF  AN  AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or  reasonably  should
have  known  that  such  victim was a police officer or peace officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM.
  Aggravated manslaughter in the second degree is a class C felony.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14404-01-4

S. 6822                             2

  S 4. Section 125.22 of the penal law, as added by chapter 765  of  the
laws of 2005, is amended to read as follows:
S 125.22 Aggravated manslaughter in the first degree.
  A  person  is  guilty  of  aggravated manslaughter in the first degree
when:
  1. with intent to cause serious physical injury to  a  police  officer
[or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer
OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his  or  her official duties and the defendant knew or reasonably should
have known that such victim was a police officer [or], a  peace  officer
OR  A  MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death
of such officer OR MEMBER OF AN  AUXILIARY  POLICE  PROGRAM  or  another
police  officer  or  peace  officer  OR  A MEMBER OF AN AUXILIARY POLICE
PROGRAM; or
  2. with intent to cause the death of  a  police  officer  [or],  peace
officer  OR  A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAIN-
TAINED BY A STATE OR LOCAL POLICE  DEPARTMENT,  where  such  officer  OR
MEMBER  OF  AN  AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or  reasonably  should
have  known  that such victim was a police officer [or], A peace officer
OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes  the  death
of such officer, MEMBER OF AN AUXILIARY POLICE PROGRAM or another police
officer  or peace officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM under
circumstances which do not constitute murder  because  he  or  she  acts
under  the  influence  of  extreme  emotional disturbance, as defined in
paragraph (a) of subdivision one of section 125.25. The fact that  homi-
cide  was committed under the influence of extreme emotional disturbance
constitutes a mitigating  circumstance  reducing  murder  to  aggravated
manslaughter in the first degree or manslaughter in the first degree and
need not be proved in any prosecution initiated under this subdivision.
  Aggravated manslaughter in the first degree is a class B felony.
  S  5.  Paragraph a of subdivision 1 of section 125.26 of the penal law
is amended by adding a new subparagraph (ii-b) to read as follows:
  (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT  WHO  WAS
AT  THE  TIME  OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR
HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR  REASONABLY  SHOULD  HAVE
KNOWN  THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE
PROGRAM; OR
  S 6. Paragraph a of subdivision 1 of section 125.27 of the  penal  law
is amended by adding a new subparagraph (ii-b) to read as follows:
  (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED  AND  MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS
AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF  PERFORMING  HIS  OR
HER  OFFICIAL  DUTIES,  AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE
KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY  POLICE
PROGRAM; OR
  S 7. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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