S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3422
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal  law,  in  relation  to  assaults  on  traffic
   enforcement agents and city marshals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) of subdivision 1  of  section  70.02  of  the
 penal  law,  as amended by chapter 94 of the laws of 2020, is 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],
 emergency  medical  services  professional, TRAFFIC ENFORCEMENT AGENT OR
 CITY MARSHAL 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,  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  crimi-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08175-01-3
 A. 3422                             2
              

 
 nal  possession  of  a chemical weapon or biological weapon in the third
 degree as defined in section 490.37.
   § 2. 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, TRAFFIC  ENFORCEMENT
            AGENT OR CITY MARSHAL.
   A  person  is  guilty  of  assault on a peace officer, police officer,
 firefighter  [or],  emergency  medical  services  professional,  TRAFFIC
 ENFORCEMENT  AGENT  OR CITY MARSHAL when, with intent to prevent a peace
 officer, police officer, a firefighter, including a  firefighter  acting
 as  a  paramedic or emergency medical technician administering first aid
 in the course of performance of duty as such firefighter, [or] an  emer-
 gency medical service paramedic [or], AN emergency medical service tech-
 nician, A TRAFFIC ENFORCEMENT AGENT OR A CITY MARSHAL, from performing a
 lawful  duty,  he  or  she  causes serious physical injury to such peace
 officer, police officer, firefighter, paramedic [or], technician,  TRAF-
 FIC ENFORCEMENT AGENT OR CITY MARSHAL.
   Assault on a peace officer, police officer, firefighter [or], emergen-
 cy  medical  services  professional,  TRAFFIC  ENFORCEMENT AGENT OR CITY
 MARSHAL is a class C felony.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.