Senate Bill S5390

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5390
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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, SUCH PERSON 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07425-01-5
              

 S. 5390                             2
 
 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,
 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] SUCH PERSON causes physical injury to
 such [peace officer, police officer,] prosecutor as defined in  subdivi-
 sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
 tered nurse, licensed practical nurse,  public  health  sanitarian,  New
 York  city  public  health sanitarian, sanitation enforcement agent, New
 York city  sanitation  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] SUCH
 PERSON causes serious physical injury  to  such  peace  officer,  police
 officer, firefighter, 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] THEY KNOW or  reasonably  should  know  to  be  a
 police  officer  or  a peace officer engaged in the course of performing
 [his] THEIR official duties, [he] SUCH  PERSON  causes  such  injury  by
 means of a deadly weapon or dangerous instrument.
   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.