NY State Assembly Bill 2013-A7163B

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2014	print number 7163b
Jan 23, 2014	amend and recommit to codes
Jan 08, 2014	referred to codes
May 14, 2013	print number 7163a
May 14, 2013	amend and recommit to codes
May 03, 2013	referred to codes

Bill Amendments

Original

B (Active)

co-Sponsors

2013-A7163 - Details

See Senate Version of this Bill:: S6416
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 120.05 & 120.08, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S122

2013-A7163 - Summary

Enacts the auxiliary police officer protection act.

2013-A7163 - Bill Text download pdf

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

                                  7163

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2013
                               ___________

Introduced  by  M.  of A. WEPRIN, TITUS -- 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

  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10684-02-3

A. 7163                             2

section 490.30, and criminal possession of a chemical weapon or  biolog-
ical 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 377 of the laws of 2012, 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, New
York  city  sanitation  worker,  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 techni-
cian, or medical or related personnel in a  hospital  emergency  depart-
ment,  a city marshal, a traffic enforcement officer or traffic enforce-
ment agent, OR A MEMBER OF AN AUXILIARY  POLICE  PROGRAM  ORGANIZED  AND
MAINTAINED  BY  A  STATE  OR  LOCAL POLICE DEPARTMENT, 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,
registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
agent, New York city sanitation worker, firefighter, paramedic,  techni-
cian,  city  marshal, traffic enforcement officer or traffic enforcement
agent, OR MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes  phys-
ical  injury  to  such  peace officer, police officer, 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 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  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
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 techni-
cian  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, OR A MEMBER OF AN AUXIL-
IARY  POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE
DEPARTMENT, 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 MEMBER OF  AN  AUXILIARY  POLICE
PROGRAM.
  Assault  on a peace officer, police officer, [fireman or] FIREFIGHTER,
emergency medical services  professional,  OR  MEMBER  OF  AN  AUXILIARY
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.

co-Sponsors

2013-A7163A - Details

See Senate Version of this Bill:: S6416
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 120.05 & 120.08, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S122

2013-A7163A - Summary

Enacts the auxiliary police officer protection act.

2013-A7163A - Bill Text download pdf

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

                                 7163--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2013
                               ___________

Introduced  by  M.  of A. WEPRIN, TITUS -- read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10684-03-3

A. 7163--A                          2

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 377 of the laws of 2012, 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, New
York  city  sanitation  worker,  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 techni-
cian, or medical or related personnel in a  hospital  emergency  depart-
ment,  a city marshal, a traffic enforcement officer or traffic enforce-
ment 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, 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,  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], AND 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.

co-Sponsors

2013-A7163B (ACTIVE) - Details

See Senate Version of this Bill:: S6416
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 120.05 & 120.08, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S122

2013-A7163B (ACTIVE) - Summary

Enacts the auxiliary police officer protection act.

2013-A7163B (ACTIVE) - Bill Text download pdf

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

                                 7163--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2013
                               ___________

Introduced by M. of A. WEPRIN, TITUS, QUART -- read once and referred to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the  Committee on Codes in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10684-05-4

A. 7163--B                          2

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:
  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], AND 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.

A. 7163--B                          3

  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, however, that the amendments to subdivision
3 of section 120.05 of the penal law made by section three of  this  act
shall take effect on the same date and in the same manner as chapter 259
of the laws of 2013, takes effect.

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Assembly Bill A7163B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2013-A7163 - Details

2013-A7163 - Summary

2013-A7163 - Bill Text download pdf

co-Sponsors

2013-A7163A - Details

2013-A7163A - Summary

2013-A7163A - Bill Text download pdf

co-Sponsors

2013-A7163B (ACTIVE) - Details

2013-A7163B (ACTIVE) - Summary

2013-A7163B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A7163B

Share this bill

Sponsored By

WEPRIN

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Michele Titus

2013-A7163 - Details

2013-A7163 - Summary

2013-A7163 - Bill Text download pdf

co-Sponsors

Michele Titus

Dan Quart

2013-A7163A - Details

2013-A7163A - Summary

2013-A7163A - Bill Text download pdf

co-Sponsors

Michele Titus

Dan Quart

William Colton

2013-A7163B (ACTIVE) - Details

2013-A7163B (ACTIVE) - Summary

2013-A7163B (ACTIVE) - Bill Text download pdf

Comments