BILL NUMBER:  S42

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to destruction and sealing of certain court and police
records and the issuance of an identity theft passport

 SUMMARY OF PROVISIONS :

Section 1 of the bill states that this act shall be known as the
"Auxiliary Police Officers Yevgeniy Marshalik and Nicholas Pekearo
Memorial Act."

Section 2 of the bill amends Section 70.02 of the Penal Law
(Aggravated Criminally Negligent Homicide).

Section 3 of the bill amends Section 120.05 of the Penal Law
(Aggravated Criminally Negligent Homicide).

Section 4 of the bill amends subdivision 3 of section 120.05 of the
penal law as amended by chapter 472 of the laws of 2015.

Section 5 of the bill amends 120.08 of the Penal Law (Assault on a
Peace Officer, Police Officer, Firefighter, Emergency Medical Services
Professional, or On-Duty Member of an Auxiliary Police Program) as
added by chapter 632 of the laws of 1996.

              

Section 6 of the bill amends Section 125.11 of the Penal Law
(Aggravated Criminally Negligent Homicide).

Section 7 of the bill amends Section 125.21 of the Penal Law
(Aggravated Manslaughter in the Second Degree) as added by chapter 765
of the laws of 2005.

Section 8 of the bill adds amends Section 125.22 of the Penal Law
(Aggravated Manslaughter in the First Degree) as added by chapter 765
by the laws of 2005.

Section 9 of the bill amends Section 125.26 of the Penal Law
(Aggravated Murder) by adding a new subparagraph (ii-b).

Section 10 of the bill adds amends paragraph (a) of subdivision 1 of
section 125.27 of the Penal Law (Murder in the First Degree) by
addting a new subparagraph (ii-b).

Section 11 of the bill is the effective date.

 JUSTIFICATION :

Auxiliary police officers provide a much-needed service to New York
State. Although auxiliary police officers do not engage in preemptive
enforcement action, they do patrol in uniform on the streets of New
York and are a vital part of the law enforcement system in communities
across the state.

On Friday, March 16th, 2007, auxiliary police officers Yevgeniy
Marshalik and Nicholas Pekearo were shot and killed while on patrol in
New York City's West Village. Though the man who shot the officers was
subsequently killed in a firefight with police officers, if his case
had gone to trial he would have likely been charged with lesser crimes
for the murder of auxiliary police officers Marshalik and Pekearo than
he would have for killing a police officer.

Auxiliary police officers are unpaid volunteers who courageously
devote their time to ensuring the safety of the citizens of New York,
sometimes putting themselves in harm's way to do so. Therefore, it is
crucial that we recognize the civically-minded sacrifices they make
and strengthen the penalties for anyone who attacks or kills them
while in the line of duty.

This bill, the Auxiliary Police Officers Yevgeniy Marshalik and
Nicholas Pekearo Memorial Act, would remedy the inequity under current
law and provide a stronger deterrent to discourage violence against
auxiliary police officers in the future.

 PRIOR LEGISLATIVE HISTORY :

S3869-A of 2015-2016 (Hoylman): Died in Codes

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which it shall have become a law; provided that section
four of this act shall take effect on the same date and in the same
manner as section one of chapter 472 of the laws of 2015, takes
effect.