S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1846--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A. HARRIS, SKOUFIS, COLTON, THIELE, MOYA, ORTIZ,
   D'URSO, JONES, JENNE, VANEL, DICKENS, HOOPER, M. G. MILLER, LUPINACCI,
   PALUMBO, McLAUGHLIN, RA, RAIA, MURRAY, McDONOUGH, MONTESANO,  OAKS  --
   Multi-Sponsored  by -- M. of A. COOK, GIGLIO, HAWLEY, LOPEZ, McKEVITT,
   MOSLEY -- read once and referred to the Committee on Codes --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01544-03-7

 A. 1846--A                          2
 
 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-
 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.