S T A T E O F N E W Y O R K
________________________________________________________________________
6997
2021-2022 Regular Sessions
I N A S S E M B L Y
April 19, 2021
___________
Introduced by M. of A. WEPRIN, BURGOS, BENEDETTO, ABBATE, BARNWELL,
BRABENEC, BRAUNSTEIN, AUBRY, COLTON, CRUZ, CUSICK, DARLING, DAVILA,
DE LA ROSA, DICKENS, DURSO, ENGLEBRIGHT, FERNANDEZ, FRONTUS, FALL,
GRIFFIN, GUNTHER, GOTTFRIED, HYNDMAN, JEAN-PIERRE, NIOU, PALMESANO,
PHEFFER AMATO, PICHARDO, QUART, REYES, J. RIVERA, PAULIN, SAYEGH,
SEAWRIGHT, STIRPE, VANEL, WILLIAMS, WALKER, WALLACE, STERN, EICHEN-
STEIN, McDONALD, MONTESANO, D. ROSENTHAL, OTIS, KIM, LAVINE, RODRI-
GUEZ, ZEBROWSKI, WOERNER, RA -- Multi-Sponsored by -- M. of A. COOK,
CYMBROWITZ, DINOWITZ, GALEF, HAWLEY, HEVESI, NOLAN, PERRY, ROZIC --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to on duty auxiliary police
officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 10.00 of the penal law is amended by adding a new
subdivision 22 to read as follows:
22. "ON-DUTY AUXILIARY POLICE OFFICER" MEANS A MEMBER OF AN AUXILIARY
POLICE PROGRAM THAT IS ORGANIZED AND MAINTAINED BY A STATE OR LOCAL
POLICE DEPARTMENT WHO IS ACTING AS AN AUXILIARY POLICE OFFICER AT THE
TIME OF THE ACT OR OMISSION.
§ 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (b) as amended by chapter 94 of the laws of 2020
and paragraph (c) as amended by chapter 134 of the laws of 2019, are
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 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, firefighter or emer-
gency medical services professional as defined in section 120.08,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04132-01-1
A. 6997 2
ASSUALT ON AN ON-DUTY AUXILIARY POLICE OFFICER AS DEFINED IN SECTION
120.08-A, 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, aggravated strangulation as
defined in section 121.13-a, 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.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, MENACING AN ON-DUTY AUXILIARY POLICE OFFICER AS DEFINED
IN SECTION 120.19, stalking in the first degree, as defined in subdivi-
sion one of section 120.60, strangulation in the second degree as
defined in section 121.12, rape in the second degree as defined in
section 130.30, criminal sexual act in the second degree as defined in
section 130.45, sexual abuse in the first degree as defined in section
130.65, course of sexual conduct against a child in the second degree as
defined in section 130.80, aggravated sexual abuse in the third degree
as defined in section 130.66, facilitating a sex offense with a
controlled substance as defined in section 130.90, labor trafficking as
defined in paragraphs (a) and (b) of subdivision three of section
135.35, criminal possession of a weapon in the third degree as defined
in subdivision five, six, seven, eight, nine or ten of section 265.02,
criminal sale of a firearm in the third degree as defined in section
265.11, intimidating a victim or witness in the second degree as defined
in section 215.16, soliciting or providing support for an act of terror-
ism in the second degree as defined in section 490.10, and making a
terroristic threat as defined in section 490.20, falsely reporting an
incident in the first degree as defined in section 240.60, placing a
false bomb or hazardous substance in the first degree as defined in
section 240.62, placing a false bomb or hazardous substance in a sports
stadium or arena, mass transportation facility or enclosed shopping mall
as defined in section 240.63, aggravated unpermitted use of indoor pyro-
technics in the first degree as defined in section 405.18, and criminal
manufacture, sale, or transport of an undetectable firearm, rifle or
shotgun as defined in section 265.50.
§ 3. Section 120.05 of the penal law is amended by adding a new subdi-
vision 10-a to read as follows:
10-A. WITH THE INTENT TO PREVENT AN ON-DUTY AUXILIARY POLICE OFFICER
FROM PERFORMING A LAWFUL DUTY, BY MEANS INCLUDING RELEASING OR FAILING
TO CONTROL AN ANIMAL UNDER CIRCUMSTANCES EVINCING THE ACTOR'S INTENT
THAT THE ANIMAL OBSTRUCT THE LAWFUL ACTIVITY OF SUCH ON-DUTY AUXILIARY
POLICE OFFICER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH ON-DUTY AUXIL-
IARY POLICE OFFICER.
A. 6997 3
§ 4. The penal law is amended by adding a new section 120.08-a to read
as follows:
§ 120.08-A ASSAULT ON AN ON-DUTY AUXILIARY POLICE OFFICER.
A PERSON IS GUILTY OF ASSAULT ON AN ON-DUTY AUXILIARY POLICE OFFICER
WHEN, WITH INTENT TO PREVENT AN ON-DUTY AUXILIARY POLICE OFFICER FROM
PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY TO
SUCH AN ON-DUTY AUXILIARY POLICE OFFICER.
ASSAULT ON AN ON-DUTY AUXILIARY POLICE OFFICER IS A CLASS C FELONY.
§ 5. Section 120.13 of the penal law, as amended by chapter 765 of the
laws of 2005, is amended to read as follows:
§ 120.13 Menacing in the first degree.
A person is guilty of menacing in the first degree when he or she
commits the crime of menacing in the second degree and has been previ-
ously convicted of the crime of menacing in the second degree or the
crime of menacing a police officer or peace officer, OR THE CRIME OF
MENACING AN ON-DUTY AUXILIARY POLICE OFFICER within the preceding ten
years.
Menacing in the first degree is a class E felony.
§ 6. The penal law is amended by adding a new section 120.19 to read
as follows:
§ 120.19 MENACING AN ON-DUTY AUXILIARY POLICE OFFICER.
A PERSON IS GUILTY OF MENACING AN ON-DUTY AUXILIARY POLICE OFFICER
WHEN HE OR SHE INTENTIONALLY PLACES OR ATTEMPTS TO PLACE AN ON-DUTY
AUXILIARY POLICE OFFICER IN REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS
PHYSICAL INJURY OR DEATH BY DISPLAYING A DEADLY WEAPON, KNIFE, PISTOL,
REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM, WHETHER OPERABLE
OR NOT, WHERE SUCH OFFICER WAS IN THE COURSE OF PERFORMING HIS OR HER
OFFICIAL DUTIES AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN
THAT SUCH VICTIM WAS AN ON-DUTY AUXILIARY POLICE OFFICER.
MENACING AN ON-DUTY AUXILIARY POLICE OFFICER IS A CLASS D FELONY.
§ 7. The penal law is amended by adding a new section 195.09 to read
as follows:
§ 195.09 OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY POLICE OFFICER
BY MEANS OF A SELF-DEFENSE SPRAY DEVICE.
A PERSON IS GUILTY OF OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY
POLICE OFFICER BY MEANS OF A SELF-DEFENSE SPRAY DEVICE WHEN, WITH THE
INTENT TO PREVENT AN ON-DUTY AUXILIARY POLICE OFFICER FROM PERFORMING A
LAWFUL DUTY, HE OR SHE CAUSES TEMPORARY PHYSICAL IMPAIRMENT TO AN
ON-DUTY AUXILIARY POLICE OFFICER BY INTENTIONALLY DISCHARGING A SELF-DE-
FENSE SPRAY DEVICE, AS DEFINED IN PARAGRAPH FOURTEEN OF SUBDIVISION A OF
SECTION 265.20 OF THIS CHAPTER, THEREBY CAUSING SUCH TEMPORARY PHYSICAL
IMPAIRMENT.
OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY POLICE OFFICER BY MEANS
OF A SELF-DEFENSE SPRAY DEVICE IS A CLASS D FELONY.
§ 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.