Assembly Bill A3656

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3656
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. GRAF, GIGLIO, LALOR, HAWLEY -- Multi-Sponsored by
   --  M.  of  A.    BARCLAY,  CROUCH,  CURRAN, LAWRENCE -- 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 267 of the laws of 2016, subdivision
 10 as amended by chapter 268 of the laws of 2016, 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,  public  health  sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation worker, a firefighter, including a  firefighter
 acting  as  a  paramedic  or  emergency medical technician administering
 first aid in the course of performance of duty as such  firefighter,  an
 emergency medical service paramedic or emergency medical service techni-
 cian,  or  medical  or related personnel in a hospital emergency depart-
 ment, a city marshal, a school  crossing  guard  appointed  pursuant  to
 section  two  hundred  eight-a  of  the general municipal law, a traffic
 enforcement officer, traffic enforcement agent or employee of any entity
 governed by the public service law in the course of performing an essen-
 tial service, from performing a lawful duty, by means including  releas-
 ing  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, prose-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05706-01-7

 A. 3656                             2
 
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 nal 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, city marshal,  school  crossing  guard  appointed
 pursuant  to  section  two hundred eight-a of the general municipal law,
 traffic enforcement officer, traffic enforcement agent or employee of an
 entity governed by the public service law, he  or  she  causes  physical
 injury  to  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, public health sanitarian, New York city public health sanitarian,
 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, traffic enforcement agent or employee of an
 entity governed by the public service law; 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; or
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.