Senate Bill S122A

2015-2016 Legislative Session

Enacts the auxiliary police officer protection act

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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
Jan 15, 2016	print number 122a
Jan 15, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
Jan 07, 2015	referred to codes

Bill Amendments

2015-S122 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 120.05 & 120.08, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S6416

2015-S122 - Summary

Enacts the auxiliary police officer protection act.

2015-S122 - Sponsor Memo

2015-S122 - Bill Text download pdf

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

                                   122

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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 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.

                                                           LBD01880-01-5

S. 122                              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 196 of the laws of 2014, 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  school  crossing  guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, a traffic enforcement officer [or], A 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 subdivi-
sion thirty-one of section 1.20 of the criminal  procedure  law,  regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York  city  sanitation  worker, firefighter, paramedic, technician, city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, 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, fire-
fighter, 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  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.

S. 122                              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.

2015-S122A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 120.05 & 120.08, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S6416

2015-S122A (ACTIVE) - Summary

Enacts the auxiliary police officer protection act.

2015-S122A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S122A

 TITLE OF BILL :

An act to amend the penal law, in relation to assault on a member of
an auxiliary police program

 SUMMARY OF PROVISIONS :

Section 1 establishes the title as the "auxiliary police officer
protection act".

Section 2 amends paragraph (b) of subdivision 1 of section 70.02 of
the penal law, as amended by chapter 1 of the laws of 2013.

Section 3 amends subdivision 3 of section 120.05 of the penal law, as
amended by chapter 196 of the laws of 2014.

Section 4 amends subdivision 3 of section 120.05 of the penal law, as
amended by chapter 472 of the laws of 2015.

Section 5 amends section 120.08 of the penal law, as added by chapter
632 of the laws of 1996.

Section 6 provides that the act shall take effect on the ninetieth day
after it shall have become a law; provided, however, that section four

of this act shall take effect on the same date and in the same manner
as section 1 of chapter 472 of the laws of 2015, takes effect.

 REASONS FOR SUPPORT :

It is vital that by auxiliary police officers are protected due to
their unique situation. Although these officers do not take
enforcement action to prevent a provoked response from an individual,
they do provide uniform patrol and are a necessary presence to deter
criminal behavior.

Since these officers patrol in uniform they can appear to be police
officers to the untrained eye and are susceptible to attack. Also,
these auxiliary police officers do work in plain clothes during police
operations including, but not limited to the sale of alcohol in
stores. As plain clothes auxiliary officers working alongside Police
officers, auxiliary officers deserve the same protections as police
officers.

Therefore, it is imperative that hold those individuals liable who
would attack an auxiliary police officer and that the penalty they
face is the same as if a police office were attacked. This bill would
complete that objective.

 PRIOR LEGISLATIVE HISTORY :

S.6416 of 2014 (Hoylman): Died in Codes A.7163-B of 2013-2014
(Weprin): Died in Codes

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that section four of this act shall
take effect on the same date and in the same manner as section 1 of
chapter 472 of the laws of 2015, takes effect.

2015-S122A (ACTIVE) - Bill Text download pdf

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

                                 122--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 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.

                                                           LBD01880-02-6

S. 122--A                           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 196 of the laws of 2014, 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  school  crossing  guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, a traffic enforcement officer [or], A 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 subdivi-
sion thirty-one of section 1.20 of the criminal  procedure  law,  regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York  city  sanitation  worker, firefighter, paramedic, technician, city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, 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, fire-
fighter, 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  ON-DUTY
MEMBER OF AN AUXILIARY POLICE PROGRAM; or
  S  4.  Subdivision 3 of section 120.05 of the penal law, as amended by
chapter 472 of the laws of 2015, 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, public health
sanitarian,  New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, a firefighter, including  a
firefighter acting as a paramedic or emergency medical technician admin-
istering  first  aid  in the course of performance of duty as such fire-
fighter, an emergency medical service  paramedic  or  emergency  medical
service  technician, or medical or related personnel in a hospital emer-
gency 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],  A  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

S. 122--A                           3

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 subdivi-
sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
tered nurse, licensed practical nurse,  public  health  sanitarian,  New
York  city  public  health sanitarian, sanitation enforcement agent, New
York city sanitation worker, firefighter,  paramedic,  technician,  city
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,  prosecutor  as defined in subdivision
thirty-one of section 1.20 of the  criminal  procedure  law,  registered
nurse, licensed practical nurse, public health sanitarian, New York city
public  health  sanitarian,  sanitation 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],  A  traffic
enforcement agent OR ON-DUTY MEMBER OF AN AUXILIARY POLICE PROGRAM; or
  S  5  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 6. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  provided,  however, that section four of this act
shall take effect on the same date and in the same manner as  section  1
of chapter 472 of the laws of 2015, takes effect.

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Senate Bill S122A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2015-S122 - Details

2015-S122 - Summary

2015-S122 - Sponsor Memo

2015-S122 - Bill Text download pdf

2015-S122A (ACTIVE) - Details

2015-S122A (ACTIVE) - Summary

2015-S122A (ACTIVE) - Sponsor Memo

2015-S122A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2015-S122 - Details

2015-S122 - Summary

2015-S122 - Sponsor Memo

2015-S122 - Bill Text download pdf

2015-S122A (ACTIVE) - Details

2015-S122A (ACTIVE) - Summary

2015-S122A (ACTIVE) - Sponsor Memo

2015-S122A (ACTIVE) - Bill Text download pdf

Comments