S T A T E O F N E W Y O R K
________________________________________________________________________
1846--A
2017-2018 Regular Sessions
I N A S S E M B L Y
January 13, 2017
___________
Introduced by M. of A. HARRIS, SKOUFIS, COLTON, THIELE, MOYA, ORTIZ,
D'URSO, JONES, JENNE, VANEL, DICKENS, HOOPER, M. G. MILLER, LUPINACCI,
PALUMBO, McLAUGHLIN, RA, RAIA, MURRAY, McDONOUGH, MONTESANO, OAKS --
Multi-Sponsored by -- M. of A. COOK, GIGLIO, HAWLEY, LOPEZ, McKEVITT,
MOSLEY -- read once and referred to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the penal law, in relation to the penalty for assault on
a peace officer, police officer, fireman or emergency medical service
professional
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02
of the penal law, paragraph (a) as amended by chapter 368 of the laws of
2015 and paragraph (b) as amended by chapter 1 of the laws of 2013, are
amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act in the first
degree as defined in section 130.50, aggravated sexual abuse in the
first degree as defined in section 130.70, course of sexual conduct
against a child in the first degree as defined in section 130.75;
ASSAULT ON A PEACE OFFICER, POLICE OFFICER, FIREMAN OR EMERGENCY MEDICAL
SERVICES PROFESSIONAL AS DEFINED IN SECTION 120.08, assault in the first
degree as defined in section 120.10, kidnapping in the second degree as
defined in section 135.20, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01544-03-7
A. 1846--A 2
robbery in the first degree as defined in section 160.15, sex traffick-
ing as defined in paragraphs (a) and (b) of subdivision five of section
230.34, incest in the first degree as defined in section 255.27, crimi-
nal possession of a weapon in the first degree as defined in section
265.04, criminal use of a firearm in the first degree as defined in
section 265.09, criminal sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault in the first
degree as defined in section 120.07, intimidating a victim or witness in
the first degree as defined in section 215.17, hindering prosecution of
terrorism in the first degree as defined in section 490.35, criminal
possession of a chemical weapon or biological weapon in the second
degree as defined in section 490.40, and criminal use of a chemical
weapon or biological weapon in the third degree as defined in section
490.47.
(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 emergen-
cy medical services professional 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 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 chemi-
cal weapon or biological weapon in the third degree as defined in
section 490.37.
§ 2. The closing paragraph of section 120.08 of the penal law, as
added by chapter 632 of the laws of 1996, is amended to read as follows:
Assault on a peace officer, police officer, fireman or emergency
medical services professional is a class [C] B felony.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.