S T A T E O F N E W Y O R K
________________________________________________________________________
8446
2017-2018 Regular Sessions
I N A S S E M B L Y
June 16, 2017
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to categorizing members of an
auxiliary police program organized and maintained by a state or local
police department with police officers and peace officers for purposes
of certain felony classifications
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 Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act".
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05692-01-7
A. 8446 2
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.
§ 3. Subdivision 3 of section 120.05 of the penal law, as amended by
chapter 267 of the laws of 2016, 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, traffic enforcement agent, 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 or employee of any entity governed by the public service
law in the course of performing an essential service, 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 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, sani-
tation 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, MEMBER OF AN
AUXILIARY POLICE PROGRAM or employee of an entity governed by the public
service law, 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 work-
er, firefighter, paramedic, technician or medical or related personnel
in a hospital emergency department, city marshal, school crossing guard,
traffic enforcement officer, traffic enforcement agent, ON-DUTY MEMBER
OF AN AUXILIARY POLICE PROGRAM or employee of an entity governed by the
public service law; or
§ 4. 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] 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
A. 8446 3
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.
§ 5. Section 125.11 of the penal law, as added by chapter 765 of the
laws of 2005, is amended to read as follows:
§ 125.11 Aggravated criminally negligent homicide.
A person is guilty of aggravated criminally negligent homicide when,
with criminal negligence, he or she causes the death of a police officer
[or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such officer
OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or reasonably should
have known that such victim was a police officer or peace officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM.
Aggravated criminally negligent homicide is a class C felony.
§ 6. Section 125.21 of the penal law, as added by chapter 765 of the
laws of 2005, is amended to read as follows:
§ 125.21 Aggravated manslaughter in the second degree.
A person is guilty of aggravated manslaughter in the second degree
when he or she recklessly causes the death of a police officer [or],
peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND
MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or reasonably should
have known that such victim was a police officer or peace officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM.
Aggravated manslaughter in the second degree is a class C felony.
§ 7. Section 125.22 of the penal law, as added by chapter 765 of the
laws of 2005, is amended to read as follows:
§ 125.22 Aggravated manslaughter in the first degree.
A person is guilty of aggravated manslaughter in the first degree
when:
1. with intent to cause serious physical injury to a police officer
[or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer
OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or reasonably should
have known that such victim was a police officer [or], a peace officer
OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death
of such officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM or another
police officer or peace officer OR A MEMBER OF AN AUXILIARY POLICE
PROGRAM; or
2. with intent to cause the death of a police officer [or], peace
officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAIN-
TAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or reasonably should
have known that such victim was a police officer [or], A peace officer
OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death
A. 8446 4
of such officer, MEMBER OF AN AUXILIARY POLICE PROGRAM or another police
officer or peace officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM under
circumstances which do not constitute murder because he or she acts
under the influence of extreme emotional disturbance, as defined in
paragraph (a) of subdivision one of section 125.25 OF THIS ARTICLE. The
fact that homicide was committed under the influence of extreme
emotional disturbance constitutes a mitigating circumstance reducing
murder to aggravated manslaughter in the first degree or manslaughter in
the first degree and need not be proved in any prosecution initiated
under this subdivision.
Aggravated manslaughter in the first degree is a class B felony.
§ 8. Paragraph (a) of subdivision 1 of section 125.26 of the penal law
is amended by adding a new subparagraph (ii-b) to read as follows:
(II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS
AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR
HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE
KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE
PROGRAM; OR
§ 9. Paragraph (a) of subdivision 1 of section 125.27 of the penal law
is amended by adding a new subparagraph (ii-b) to read as follows:
(II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS
AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR
HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE
KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE
PROGRAM; OR
§ 10. This act shall take effect on the first of November next
succeeding the date upon which it shall have become a law.