Senate Bill S3575

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3575
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to aggravated assault upon  a
   police officer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 120.11 of the penal law, as amended by chapter  283
 of the laws of 1993, is amended to read as follows:
 § 120.11 Aggravated  assault upon a police officer or a peace officer IN
            THE FIRST DEGREE.
   1. A person is guilty of aggravated assault upon a police officer or a
 peace officer IN THE FIRST DEGREE when, with  intent  to  cause  serious
 physical  injury  to  a person whom he OR SHE knows or reasonably should
 know to be a police officer or a peace officer engaged in the course  of
 performing  his  OR HER official duties, he OR SHE causes such injury by
 means of a deadly weapon or dangerous instrument; OR
   2. A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A
 PEACE OFFICER IN THE FIRST DEGREE WHEN, WITH  INTENT  TO  CAUSE  SERIOUS
 PHYSICAL  INJURY  TO A PERSON WHOM  HE OR SHE KNOWS OR REASONABLY SHOULD
 KNOW TO BE A POLICE OFFICER OR A PEACE OFFICER ENGAGED IN THE COURSE  OF
 PERFORMING  HIS OR HER OFFICIAL DUTIES, AND WHEN SUCH PERSON IS AIDED BY
 ONE OR MORE OTHER PERSONS ACTUALLY PRESENT, AT AN ASSEMBLY IN  A  PUBLIC
 PLACE  AS  DEFINED  BY ARTICLE TWO HUNDRED FORTY OF THIS PART, HE OR SHE
 CAUSES SERIOUS PHYSICAL INJURY TO SUCH POLICE OFFICER OR PEACE OFFICER.
   Aggravated assault upon a police officer or a  peace  officer  IN  THE
 FIRST DEGREE is a class B felony.
   § 2. The penal law is amended by adding a new section 120.11-a to read
 as follows:
 § 120.11-A AGGRAVATED  ASSAULT  UPON A POLICE OFFICER OR A PEACE OFFICER
              IN THE SECOND DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07425-01-7
              

 S. 3575                             2
 
   A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A POLICE  OFFICER  OR  A
 PEACE  OFFICER  IN THE SECOND DEGREE WHEN, WITH INTENT TO CAUSE PHYSICAL
 INJURY TO A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO  BE
 A  POLICE OFFICER OR A PEACE OFFICER ENGAGED IN THE COURSE OF PERFORMING
 HIS OR HER OFFICIAL DUTIES, AND WHEN SUCH PERSON IS AIDED BY ONE OR MORE
 OTHER  PERSONS  ACTUALLY  PRESENT,  AT  AN ASSEMBLY IN A PUBLIC PLACE AS
 DEFINED BY ARTICLE TWO HUNDRED FORTY OF THIS  PART,  HE  OR  SHE  CAUSES
 PHYSICAL INJURY TO SUCH POLICE OFFICER OR PEACE OFFICER.
   AGGRAVATED  ASSAULT  UPON  A  POLICE OFFICER OR A PEACE OFFICER IN THE
 SECOND DEGREE IS A CLASS C FELONY.
   § 3. 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  ASSAULT  UPON  A  POLICE OFFICER OR A PEACE OFFICER IN THE SECOND
 DEGREE AS DEFINED IN SECTION 120.11-A, aggravated  criminally  negligent
 homicide  as  defined  in section 125.11, aggravated 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 offi-
 cer,  police officer, fireman or emergency 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 chemical weapon or biological weapon in the third degree
 as defined in section 490.37.
   § 4. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
 as amended by chapter 368 of the laws of 2015, is  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 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,  robbery in the first degree as defined in
 section 160.15, sex trafficking 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, criminal possession of a weapon in the  first

 S. 3575                             3
 
 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 IN THE FIRST DEGREE 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.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.