S T A T E O F N E W Y O R K
________________________________________________________________________
2180
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. STERN, SIMPSON -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to increasing the penalties
for assault on police officers, peace officers, firefighters and emer-
gency medical technicians
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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
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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02398-01-3
A. 2180 2
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 offi-
cer, [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
§ 2. The penal law is amended by adding a new section 120.05-a to read
as follows:
§ 120.05-A ASSAULT ON A POLICE OFFICER CAUSING PHYSICAL INJURY.
A PERSON IS GUILTY OF ASSAULT ON A POLICE OFFICER CAUSING PHYSICAL
INJURY WHEN, WITH INTENT TO PREVENT A 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 POLICE OFFICER, HE OR SHE CAUSES
PHYSICAL INJURY TO SUCH POLICE OFFICER.
ASSAULT ON A POLICE OFFICER CAUSING PHYSICAL INJURY IS A CLASS C FELO-
NY.
§ 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 immediately.