S T A T E O F N E W Y O R K
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8379
2015-2016 Regular Sessions
I N A S S E M B L Y
September 11, 2015
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Introduced by M. of A. GRAF, MONTESANO, GIGLIO, LAWRENCE, PALUMBO --
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. Subdivisions 3 and 10 of section 120.05 of the penal law,
subdivision 3 as amended by chapter 196 of the laws of 2014, subdivision
10 as added by chapter 181 of the laws of 2000, are amended to read as
follows:
3. With intent to prevent a peace officer, a police officer, A MEMBER
OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR
LOCAL POLICE DEPARTMENT OR SHERIFF'S DEPARTMENT WHILE PERFORMING HIS OR
HER DUTIES AS SUCH AUXILIARY 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, a firefighter, including a fire-
fighter acting as a paramedic or emergency medical technician adminis-
tering first aid in the course of performance of duty as such firefight-
er, an emergency medical service paramedic or emergency medical service
technician, or medical or related personnel in a hospital emergency
department, a city marshal, a school crossing guard appointed pursuant
to section two hundred eight-a of the general municipal law, a traffic
enforcement officer or traffic enforcement agent, 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,
ON-DUTY AUXILIARY 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11785-01-5
A. 8379 2
marshal, school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, traffic enforcement officer or
traffic enforcement agent, he or she causes physical injury to such
peace officer, police officer, ON-DUTY AUXILIARY POLICE OFFICER, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal procedure law, registered nurse, licensed practical nurse, sanita-
tion enforcement agent, New York city sanitation worker, firefighter,
paramedic, technician or medical or related personnel in a hospital
emergency department, city marshal, school crossing guard, traffic
enforcement officer or traffic enforcement agent; or
10. Acting at a place the person knows, or reasonably should know, is
on school grounds and with intent to cause physical injury, he or she:
(a) causes such injury to an employee of a school or public school
district OR TO A SCHOOL SAFETY AGENT EMPLOYED BY A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE; or
(b) not being a student of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for educational purposes. For
purposes of this subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen of section 220.00 of this
chapter.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.