Senate Bill S6633A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6633--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 8, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation to the penalty for assault on
   a  peace officer, police officer, fireman or emergency medical service
   professional
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Paragraphs (a) and (b) of subdivision 1 of section 70.02
 of the penal law, paragraph (a) as amended by chapter 368 of the laws of
 2015 and paragraph (b) as amended by chapter 1 of the laws of 2013,  are
 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 ON A PEACE OFFICER, POLICE OFFICER, FIREMAN OR EMERGENCY MEDICAL
 SERVICES PROFESSIONAL AS DEFINED IN SECTION 120.08, 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  traffick-
 ing  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,  crimi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01544-02-7

 S. 6633--A                          2
 
 nal  possession  of  a  weapon in the first 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  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.
   (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 emergen-
 cy  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 chemi-
 cal weapon or biological weapon  in  the  third  degree  as  defined  in
 section 490.37.
   §  2.    The  closing paragraph of section 120.08 of the penal law, as
 added by chapter 632 of the laws of 1996, is amended to read as follows:
   Assault on a peace  officer,  police  officer,  fireman  or  emergency
 medical services professional is a class [C] B felony.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.