The New York State Senate

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

                                  2567

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2017
                               ___________

Introduced  by  M.  of A. PAULIN, COLTON, SKOUFIS, MONTESANO, GOTTFRIED,
  OTIS, DenDEKKER, GRAF, RAIA, CROUCH,  SCHIMMINGER,  BLAKE,  HOOPER  --
  Multi-Sponsored  by -- M. of A. ABBATE, ENGLEBRIGHT, GARBARINO, LUPAR-
  DO, MAGEE, RIVERA, THIELE -- read once and referred to  the  Committee
  on Codes

AN ACT to amend the penal law, in relation to assault on a member of the
  military or reserves

  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.  "MEMBER  OF  THE  MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE
UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE
NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA.
  § 2. Section 120.08 of the penal law, as added by chapter 632  of  the
laws of 1996, is amended to read as follows:
§ 120.08 Assault on a peace officer, police officer, fireman [or], emer-
           gency  medical services professional OR A MEMBER OF THE MILI-
           TARY OR RESERVES.
  A person is guilty of assault on  a  peace  officer,  police  officer,
fireman [or], emergency medical services professional OR A MEMBER OF THE
MILITARY  OR  RESERVES  when,  with  intent  to prevent a peace officer,
police officer, a fireman, including a fireman acting as a paramedic  or
emergency  medical  technician  administering first aid in the course of
performance of duty as such fireman, [or] an emergency  medical  service
paramedic  or  emergency  medical service technician, OR A MEMBER OF THE
MILITARY OR RESERVES, from performing a lawful duty, he  causes  serious
physical injury to such peace officer, police officer, fireman, paramed-
ic [or], technician OR A MEMBER OF THE MILITARY OR RESERVES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00834-01-7

A. 2567                             2

  Assault  on  a  peace officer, police officer, fireman [or], emergency
medical services professional OR A MEMBER OF THE MILITARY OR RESERVES is
a class C felony.
  § 3. This act shall take effect immediately.