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.