senate Bill S7876

2021-2022 Legislative Session

Increases the offense classification for certain assault offenses regarding police officers and peace officers

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2022 referred to codes

Co-Sponsors

S7876 (ACTIVE) - Details

See Assembly Version of this Bill:
A999
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §120.05-a, amd §§120.05, 120.08 & 120.11, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A10971

S7876 (ACTIVE) - Summary

Increases the offense classification for certain assault offenses regarding police officers and peace officers.

S7876 (ACTIVE) - Sponsor Memo

S7876 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7876
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed 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.

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