Senate Bill S3920B

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

                                  3920

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 on duty  auxiliary  police
  officers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 10.00 of the penal law is amended by adding  a  new
subdivision 22 to read as follows:
  22.  "ON-DUTY AUXILIARY POLICE OFFICER" MEANS A MEMBER OF AN AUXILIARY
POLICE PROGRAM THAT IS ORGANIZED AND MAINTAINED  BY  A  STATE  OR  LOCAL
POLICE  DEPARTMENT  WHO  IS ACTING AS AN AUXILIARY POLICE OFFICER AT THE
TIME OF THE ACT OR OMISSION.
  S 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
penal  law,  as amended by chapter 1 of the laws of 2013, are 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 emergency
medical services professional as defined in section 120.08,  ASSAULT  ON
AN  ON-DUTY  AUXILIARY  POLICE  OFFICER  AS DEFINED IN SECTION 120.08-A,
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.
                                                           LBD08755-03-5
              

S. 3920                             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.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, MENACING AN ON-DUTY AUXILIARY POLICE OFFICER AS  DEFINED
IN  SECTION 120.19, stalking in the first degree, as defined in subdivi-
sion one of section  120.60,  strangulation  in  the  second  degree  as
defined  in  section  121.12,  rape  in  the second degree as defined in
section 130.30, criminal sexual act in the second degree as  defined  in
section  130.45,  sexual abuse in the first degree as defined in section
130.65, course of sexual conduct against a child in the second degree as
defined in section 130.80, aggravated sexual abuse in the  third  degree
as  defined  in  section  130.66,  facilitating  a  sex  offense  with a
controlled substance as defined in section 130.90,  criminal  possession
of  a  weapon  in  the third degree as defined in subdivision five, six,
seven, eight, nine or ten of section 265.02, criminal sale of a  firearm
in  the third degree as defined in section 265.11, intimidating a victim
or witness in the second degree as defined in section 215.16, soliciting
or providing support for an act of terrorism in  the  second  degree  as
defined in section 490.10, and making a terroristic threat as defined in
section  490.20,  falsely  reporting  an incident in the first degree as
defined in section 240.60, placing a false bomb or  hazardous  substance
in  the  first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined  in  section  240.63,  and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  S  3.  Subdivisions  11-b  and  12 of section 120.05 of the penal law,
subdivision 11-b as added by chapter 197 of the laws of 2014 and  subdi-
vision  12 as added by chapter 68 of the laws of 2008, are amended and a
new subdivision 13 is added to read as follows:
  11-b. With intent to cause physical injury to an employee of  the  New
York  city  housing  authority performing his or her lawful duties while
located on housing project grounds, real property, or a building  owned,
managed,  or operated by such authority he or she causes physical injury
to such employee; [or]
  12. With intent to cause physical injury to a person who is sixty-five
years of age or older, he or she causes such injury to such person,  and
the actor is more than ten years younger than such person[.]; OR
  13.  WITH  THE  INTENT  TO PREVENT AN ON-DUTY 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  ON-DUTY  AUXILIARY
POLICE  OFFICER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH ON-DUTY AUXIL-
IARY POLICE OFFICER.
  S 4. The penal law is amended by adding a new section 120.08-a to read
as follows:
S 120.08-A ASSAULT ON AN ON-DUTY AUXILIARY OFFICER.

S. 3920                             3

  A PERSON IS GUILTY OF ASSAULT ON AN ON-DUTY AUXILIARY  POLICE  OFFICER
WHEN,  WITH  INTENT  TO PREVENT AN ON-DUTY AUXILIARY POLICE OFFICER FROM
PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES SERIOUS  PHYSICAL  INJURY  TO
SUCH AN ON-DUTY AUXILIARY POLICE OFFICER.
  ASSAULT ON AN ON-DUTY AUXILIARY POLICE OFFICER IS A CLASS C FELONY.
  S 5. Section 120.13 of the penal law, as amended by chapter 765 of the
laws of 2005, is amended to read as follows:
S 120.13 Menacing in the first degree.
  A  person  is  guilty  of  menacing in the first degree when he or she
commits the crime of menacing in the second degree and has  been  previ-
ously  convicted  of  the  crime of menacing in the second degree or the
crime of menacing a police officer or peace officer,  OR  THE  CRIME  OF
MENACING  AN  ON-DUTY  AUXILIARY POLICE OFFICER within the preceding ten
years.
  Menacing in the first degree is a class E felony.
  S 6. The penal law is amended by adding a new section 120.19  to  read
as follows:
S 120.19 MENACING AN ON-DUTY AUXILIARY POLICE OFFICER.
  A  PERSON  IS  GUILTY  OF MENACING AN ON-DUTY AUXILIARY POLICE OFFICER
WHEN HE OR SHE INTENTIONALLY PLACES OR  ATTEMPTS  TO  PLACE  AN  ON-DUTY
AUXILIARY  POLICE OFFICER IN REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS
PHYSICAL INJURY OR DEATH BY DISPLAYING A DEADLY WEAPON,  KNIFE,  PISTOL,
REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM, WHETHER OPERABLE
OR  NOT,  WHERE  SUCH OFFICER WAS IN THE COURSE OF PERFORMING HIS OR HER
OFFICIAL DUTIES AND THE DEFENDANT KNEW OR REASONABLY SHOULD  HAVE  KNOWN
THAT SUCH VICTIM WAS AN ON-DUTY AUXILIARY POLICE OFFICER.
  MENACING AN ON-DUTY POLICE OFFICER IS A CLASS D FELONY.
  S  7.  The penal law is amended by adding a new section 195.09 to read
as follows:
S 195.09 OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY  POLICE  OFFICER
           BY MEANS OF A SELF-DEFENSE SPRAY DEVICE.
  A  PERSON  IS GUILTY OF OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY
POLICE OFFICER BY MEANS OF A SELF-DEFENSE SPRAY DEVICE  WHEN,  WITH  THE
INTENT  TO PREVENT AN ON-DUTY AUXILIARY POLICE OFFICER FROM PERFORMING A
LAWFUL DUTY, HE OR  SHE  CAUSES  TEMPORARY  PHYSICAL  IMPAIRMENT  TO  AN
ON-DUTY AUXILIARY POLICE OFFICER BY INTENTIONALLY DISCHARGING A SELF-DE-
FENSE SPRAY DEVICE, AS DEFINED IN PARAGRAPH FOURTEEN OF SUBDIVISION A OF
SECTION  265.20 OF THIS CHAPTER, THEREBY CAUSING SUCH TEMPORARY PHYSICAL
IMPAIRMENT.
  OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY POLICE OFFICER BY MEANS
OF A SELF-DEFENSE SPRAY DEVICE IS A CLASS D FELONY.
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

                                 3920--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by Sens. GOLDEN, AMEDORE, CARLUCCI -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to on duty  auxiliary  police
  officers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 10.00 of the penal law is amended by adding  a  new
subdivision 22 to read as follows:
  22.  "ON-DUTY AUXILIARY POLICE OFFICER" MEANS A MEMBER OF AN AUXILIARY
POLICE PROGRAM THAT IS ORGANIZED AND MAINTAINED  BY  A  STATE  OR  LOCAL
POLICE  DEPARTMENT  WHO  IS ACTING AS AN AUXILIARY POLICE OFFICER AT THE
TIME OF THE ACT OR OMISSION.
  S 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
penal law, paragraph (b) as amended by chapter 1 of the laws of 2013 and
paragraph (c) as amended by chapter 368 of the laws of 2015, are 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 emergency
medical  services  professional as defined in section 120.08, ASSAULT ON
AN ON-DUTY AUXILIARY POLICE OFFICER  AS  DEFINED  IN  SECTION  120.08-A,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08755-04-6
              

S. 3920--A                          2

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.
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section  120.18, MENACING AN ON-DUTY AUXILIARY POLICE OFFICER AS DEFINED
IN SECTION 120.19, stalking in the first degree, as defined in  subdivi-
sion  one  of  section  120.60,  strangulation  in  the second degree as
defined in section 121.12, rape in  the  second  degree  as  defined  in
section  130.30,  criminal sexual act in the second degree as defined in
section 130.45, sexual abuse in the first degree as defined  in  section
130.65, course of sexual conduct against a child in the second degree as
defined  in  section 130.80, aggravated sexual abuse in the third degree
as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
controlled substance as defined in section 130.90, [labor trafficking as
defined  in  paragraphs  (a)  and  (b)  of  subdivision three of section
135.35,] criminal possession of a weapon in the third degree as  defined
in  subdivision  five, six, seven, eight, nine or ten of section 265.02,
criminal sale of a firearm in the third degree  as  defined  in  section
265.11, intimidating a victim or witness in the second degree as defined
in section 215.16, soliciting or providing support for an act of terror-
ism  in  the  second  degree  as defined in section 490.10, and making a
terroristic threat as defined in section 490.20,  falsely  reporting  an
incident  in  the  first  degree as defined in section 240.60, placing a
false bomb or hazardous substance in the  first  degree  as  defined  in
section  240.62, placing a false bomb or hazardous substance in a sports
stadium or arena, mass transportation facility or enclosed shopping mall
as defined in section 240.63, and aggravated unpermitted use  of  indoor
pyrotechnics in the first degree as defined in section 405.18.
  S 3. Section 120.05 of the penal law is amended by adding a new subdi-
vision 10-a to read as follows:
  10-A.  WITH  THE INTENT TO PREVENT AN ON-DUTY 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  ON-DUTY  AUXILIARY
POLICE  OFFICER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH ON-DUTY AUXIL-
IARY POLICE OFFICER.
  S 4. The penal law is amended by adding a new section 120.08-a to read
as follows:
S 120.08-A ASSAULT ON AN ON-DUTY AUXILIARY POLICE OFFICER.
  A PERSON IS GUILTY OF ASSAULT ON AN ON-DUTY AUXILIARY  POLICE  OFFICER
WHEN,  WITH  INTENT  TO PREVENT AN ON-DUTY AUXILIARY POLICE OFFICER FROM
PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES SERIOUS  PHYSICAL  INJURY  TO
SUCH AN ON-DUTY AUXILIARY POLICE OFFICER.
  ASSAULT ON AN ON-DUTY AUXILIARY POLICE OFFICER IS A CLASS C FELONY.

S. 3920--A                          3

  S 5. Section 120.13 of the penal law, as amended by chapter 765 of the
laws of 2005, is amended to read as follows:
S 120.13 Menacing in the first degree.
  A  person  is  guilty  of  menacing in the first degree when he or she
commits the crime of menacing in the second degree and has  been  previ-
ously  convicted  of  the  crime of menacing in the second degree or the
crime of menacing a police officer or peace officer,  OR  THE  CRIME  OF
MENACING  AN  ON-DUTY  AUXILIARY POLICE OFFICER within the preceding ten
years.
  Menacing in the first degree is a class E felony.
  S 6. The penal law is amended by adding a new section 120.19  to  read
as follows:
S 120.19 MENACING AN ON-DUTY AUXILIARY POLICE OFFICER.
  A  PERSON  IS  GUILTY  OF MENACING AN ON-DUTY AUXILIARY POLICE OFFICER
WHEN HE OR SHE INTENTIONALLY PLACES OR  ATTEMPTS  TO  PLACE  AN  ON-DUTY
AUXILIARY  POLICE OFFICER IN REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS
PHYSICAL INJURY OR DEATH BY DISPLAYING A DEADLY WEAPON,  KNIFE,  PISTOL,
REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM, WHETHER OPERABLE
OR  NOT,  WHERE  SUCH OFFICER WAS IN THE COURSE OF PERFORMING HIS OR HER
OFFICIAL DUTIES AND THE DEFENDANT KNEW OR REASONABLY SHOULD  HAVE  KNOWN
THAT SUCH VICTIM WAS AN ON-DUTY AUXILIARY POLICE OFFICER.
  MENACING AN ON-DUTY AUXILIARY POLICE OFFICER IS A CLASS D FELONY.
  S  7.  The penal law is amended by adding a new section 195.09 to read
as follows:
S 195.09 OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY  POLICE  OFFICER
           BY MEANS OF A SELF-DEFENSE SPRAY DEVICE.
  A  PERSON  IS GUILTY OF OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY
POLICE OFFICER BY MEANS OF A SELF-DEFENSE SPRAY DEVICE  WHEN,  WITH  THE
INTENT  TO PREVENT AN ON-DUTY AUXILIARY POLICE OFFICER FROM PERFORMING A
LAWFUL DUTY, HE OR  SHE  CAUSES  TEMPORARY  PHYSICAL  IMPAIRMENT  TO  AN
ON-DUTY AUXILIARY POLICE OFFICER BY INTENTIONALLY DISCHARGING A SELF-DE-
FENSE SPRAY DEVICE, AS DEFINED IN PARAGRAPH FOURTEEN OF SUBDIVISION A OF
SECTION  265.20 OF THIS CHAPTER, THEREBY CAUSING SUCH TEMPORARY PHYSICAL
IMPAIRMENT.
  OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY POLICE OFFICER BY MEANS
OF A SELF-DEFENSE SPRAY DEVICE IS A CLASS D FELONY.
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.