S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10971
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
   -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the penal law, in relation to increasing the offense
   classification for certain assault offenses regarding police  officers
   and peace officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new  section  120.05-a
 to read as follows:
 § 120.05-A ASSAULT  IN  THE  SECOND  DEGREE ON A POLICE OFFICER OR PEACE
              OFFICER.
   A PERSON IS GUILTY OF ASSAULT IN THE SECOND DEGREE ON A POLICE OFFICER
 OR PEACE OFFICER WHEN WITH  INTENT  TO  PREVENT  A  POLICE  OFFICER,  AS
 DEFINED  IN  SUBDIVISION  THIRTY-FOUR  OF  SECTION  1.20 OF THE CRIMINAL
 PROCEDURE LAW, OR A PEACE OFFICER, AS DEFINED IN  SECTION  2.10  OF  THE
 CRIMINAL  PROCEDURE LAW, FROM PERFORMING A LAWFUL DUTY, BY MEANS INCLUD-
 ING RELEASING OR FAILING TO CONTROL AN ANIMAL UNDER CIRCUMSTANCES EVINC-
 ING THE ACTOR'S INTENT THAT THE ANIMAL OBSTRUCT THE LAWFUL  ACTIVITY  OF
 SUCH  POLICE  OFFICER OR PEACE OFFICER, HE OR SHE CAUSES PHYSICAL INJURY
 TO SUCH POLICE OFFICER OR PEACE OFFICER.
   ASSAULT IN THE SECOND DEGREE ON A POLICE OFFICER OR PEACE OFFICER IS A
 CLASS C FELONY.
   § 2. 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,] prose-
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 nal procedure law, registered nurse, licensed  practical  nurse,  public
 health  sanitarian,  New  York city public health sanitarian, sanitation
 enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
 including a firefighter acting as a paramedic or emergency medical tech-
 nician  administering  first aid in the course of performance of duty as
 such firefighter, an emergency medical service  paramedic  or  emergency
 medical  service technician, or medical or related personnel in a hospi-
 tal emergency department,  a  city  marshal,  a  school  crossing  guard
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17064-01-0

 A. 10971                            2
 
 appointed pursuant to section two hundred eight-a of the general munici-
 pal  law,  a  traffic  enforcement officer, traffic enforcement agent 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  circum-
 stances  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,  sanitation  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 offi-
 cer, traffic enforcement agent 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  sanita-
 tion  worker,  firefighter,  paramedic, technician or medical or related
 personnel in a  hospital  emergency  department,  city  marshal,  school
 crossing  guard,  traffic enforcement officer, traffic enforcement agent
 or employee of an entity governed by the public service law; or
   § 3. Section 120.08 of the penal law, as amended by chapter 476 of the
 laws of 2018, is amended to read as follows:
 § 120.08 Assault on a peace  officer,  police  officer,  firefighter  or
            emergency medical services professional.
   A  person  is  guilty  of  assault on a peace officer, police officer,
 firefighter or emergency medical services professional when, with intent
 to prevent a peace officer, police officer, 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, or an emergency medical service paramedic or emergency  medical
 service  technician,  from  performing  a  lawful duty, he or she causes
 serious physical injury to such peace  officer,  police  officer,  fire-
 fighter, paramedic or technician.
   Assault  on  a peace officer, police officer, firefighter or emergency
 medical services professional is a class [C] B felony.
   § 4. 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.
   A person is guilty of aggravated assault upon a police  officer  or  a
 peace  officer  when,  with intent to cause serious physical injury to a
 person whom he knows or reasonably should know to be a police officer or
 a peace officer engaged in the course of performing his official duties,
 he causes such injury by means of a deadly weapon or  dangerous  instru-
 ment.
   Aggravated assault upon a police officer or a peace officer is a class
 [B] A felony.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.