Senate Bill S4013

2013-2014 Legislative Session

Protects members of auxiliary police programs, traffic enforcement agents or public officers or public employees performing school safety or security duties

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Archive: Last Bill Status - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 04, 2013	referred to codes

2013-S4013 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 120.05 & 120.08, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4576
2011-2012: S3700

2013-S4013 (ACTIVE) - Summary

Establishes the same protection afforded to peace officers, police officers, firefighters, and emergency medical professionals to members of auxiliary police programs, traffic enforcement agents or public officers or public employees performing school safety or security duties.

2013-S4013 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4013

TITLE  OF BILL:  An act to amend the penal law, in relation to assault
on a member of an auxiliary  police  program,  a  traffic  enforcement
agent  or a public officer or public employee performing school safety
or security duties, and technical corrections relating to assault on a
firefighter or related personnel in a hospital  emergency  department,
member  of  an  auxiliary police program, traffic enforcement agent or
public officer or public employee performing school safety or security
duties

SUMMARY OF PROVISIONS:  This act shall be known as and may be cited as
the "Auxiliary Police Officer Protection Act."

This bill would amend subdivision 3 of section 120.05 of the Penal Law
to make it an assault in the second  degree,  a  class  D  felony,  to
injure an auxiliary police officer, traffic enforcement agent (TEA) or
school  safety  personnel  with  the  intent to prevent such auxiliary
police officer, TEA or school safety personnel from performing his  or
her duty. It would further amend section 120.08 of the Penal Law (with
a  technical  amendment  to  Penal  Law  § 70.02) to make it a class C
felony to seriously injure an  auxiliary  police  officer,  a  TEA  or
school  safety  personnel  with the intent to prevent such person from
performing his/her duties.

This bill also would make the following technical amendments:  (1)  an

amendment  to  Penal  Law120.05(3)  to  include  "medical  or  related
personnel in a hospital emergency department in the clause relating to
the releasing of or failure to control an animal, which was added by a
1998 amendment to section 120.05(3); and (2) amendments to  Penal  Law
§§  70.02(1)  (b),  120.05(3)  and  120.08  changing  "fireman" to the
gender-neutral "firefighter."

REASONS FOR SUPPORT:  On March 14, 2007, the lives of two brave  young
New  York  City Police Department Auxiliary Police Officers were taken
in a murderous rampage. Auxiliary Police Officers Nicholas Pekearo and
Eugene Narshalik died heroically, and their efforts probably prevented
further death and injury from occurring.

Auxiliary police officers, TEAs, and school safety personnel put their
lives on the line for the safety of the public daily. In order  to  do
their  jobs  effectively, they must be reasonably assured that the law
provides a deterrent to those who  would  commit  criminal  acts  that
could result in their death. It is not only the safety of these public
servants  at  stake,  but  the  welfare  of our citizenry, since their
safety and  well-being  depends  upon  the  ability  of  these  public
servants  to  perform  their  duties  unfettered  by  criminal acts of
interference.

The  Legislature  took  a  monumental  step  forward  when  it  passed
legislation  which  became  Chapter  632 of the Laws of 1996. This law
created a new class C felony crime: assault on a peace officer, police
officer, fireman or emergency medical services professional. A  person
is  guilty of this crime when he or she causes serious physical injury
to a peace officer, police officer, firefighter or  emergency  medical
services  professional  with intent to prevent such civil servant from


performing a lawful duty. With the enactment of Chapter 632, the Penal
Law now provides enhanced assault charges against  persons  who  cause
either  physical  injury or serious physical injury to law enforcement
officers   and   other   emergency   personnel  by  criminal  acts  of
interference.  This  bill  takes  a  logical  and  necessary  step  by
extending  the  protection  that  already  exists for police officers,
peace  officers,   firefighters   and   emergency   medical   services
professionals  to  auxiliary  police  officers, TEAs and school safety
personnel.

The job of the TEA is to  maintain  the  smooth  flow  of  traffic  by
issuing summonses to vehicles parked illegally, and where required, by
towing  these  vehicles. In 2006, 47 TEAs in the City of New York were
assaulted and 79 were harassed. School safety personnel  face  similar
abuse  as they perform the important function of protecting our public
schools. In 2006, in New York City alone,  108  school  safety  agents
employed  by  the  New  York  City Police Department were assaulted by
members of the public and 195 were harassed.

The dangers faced by auxiliary police officers are somewhat  different
since  their  mission  does  not include taking the enforcement action
that might provoke such a response. However, it is equally vital  that
they  be  protected  by  the  changes that this bill offers because of
their unique situation. The primary role of auxiliary police  officers
is  to  perform  uniformed  patrol, providing a visible and reassuring
presence and assisting the Police Department  in  not  only  deterring
crime  but  also  reporting  crime and quality of life violations when
they observe them. They can easily be mistaken  for  police  officers,
and  they are susceptible to attack while performing their duties, and
therefore those who would attack them should receive the same level of
penalty as those who would attack police officers.

This bill will send a strong message  that  those  who  impede  lawful
authority  will  be  held  liable  for  the  results  of their illegal
conduct. As law enforcement officers and  those  who  work  with  them
continue  to  make  dramatic  breakthroughs  in  reducing crime, it is
important that our laws protect their safety in  every  possible  way.
This bill accomplishes that objective.

PRIOR LEGISLATIVE HISTORY:

A.8894 of 2007
A.6973 of 2009; A.6973/S.4576 Held in Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This  act  shall  take effect on the ninetieth day after it shall have
become law.

2013-S4013 (ACTIVE) - Bill Text download pdf

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

                                  4013

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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,  a  traffic  enforcement agent or a public
  officer or  public  employee  performing  school  safety  or  security
  duties, and technical corrections relating to assault on a firefighter
  or  related personnel in a hospital emergency department, member of an
  auxiliary police program, traffic enforcement agent or public  officer
  or public employee performing school safety or security duties

  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, MEMBER OF AN AUXILIARY
POLICE  PROGRAM,  TRAFFIC  ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC
EMPLOYEE PERFORMING SCHOOL SAFETY  OR  SECURITY  DUTIES  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04449-02-3

S. 4013                             2

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 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,  A  MEMBER  OF  AN  AUXILIARY  POLICE PROGRAM ORGANIZED AND
MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, A  PUBLIC  OFFICER  OR
PUBLIC  EMPLOYEE  PERFORMING  SCHOOL  SAFETY  OR  SECURITY  DUTIES, 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 enforce-
ment  agent,  New  York  city sanitation worker, firefighter, paramedic,
technician,  city  marshal,  traffic  enforcement  officer  or   traffic
enforcement  agent, MEDICAL OR RELATED PERSONNEL IN A HOSPITAL EMERGENCY
DEPARTMENT, MEMBER OF AN AUXILIARY POLICE PROGRAM OR PUBLIC  OFFICER  OR
PUBLIC  EMPLOYEE  PERFORMING SCHOOL SAFETY OR SECURITY DUTIES, 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, MEMBER  OF  AN
AUXILIARY  POLICE PROGRAM OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR
SECURITY DUTIES; 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,  MEMBER  OF
           AN  AUXILIARY  POLICE  PROGRAM,  TRAFFIC ENFORCEMENT AGENT OR
           PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR
           SECURITY DUTIES.
  A person is guilty of assault on  a  peace  officer,  police  officer,
[fireman  or]  FIREFIGHTER,  emergency  medical  services  professional,
MEMBER OF AN AUXILIARY POLICE  PROGRAM,  TRAFFIC  ENFORCEMENT  AGENT  OR
PUBLIC  OFFICER  OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY
DUTIES 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,  A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAIN-
TAINED BY A STATE OR LOCAL POLICE DEPARTMENT, TRAFFIC ENFORCEMENT  AGENT

S. 4013                             3

OR A PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECU-
RITY  DUTIES,  from  performing  a lawful duty, he OR SHE causes serious
physical injury to such peace officer, police officer,  [fireman]  FIRE-
FIGHTER,  paramedic  [or],  technician,  MEMBER  OF  AN AUXILIARY POLICE
PROGRAM, TRAFFIC ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC  EMPLOYEE
PERFORMING SCHOOL SAFETY OR SECURITY DUTIES.
  Assault  on a peace officer, police officer, [fireman or] FIREFIGHTER,
emergency medical services professional, MEMBER OF AN  AUXILIARY  POLICE
PROGRAM,  TRAFFIC ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC EMPLOYEE
PERFORMING SCHOOL SAFETY OR SECURITY DUTIES is a class C felony.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S4013

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2013-S4013 (ACTIVE) - Details

2013-S4013 (ACTIVE) - Summary

2013-S4013 (ACTIVE) - Sponsor Memo

2013-S4013 (ACTIVE) - Bill Text download pdf

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2013-S4013 (ACTIVE) - Details

2013-S4013 (ACTIVE) - Summary

2013-S4013 (ACTIVE) - Sponsor Memo

2013-S4013 (ACTIVE) - Bill Text download pdf

Comments