Senate Bill S8873

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8873
 
                             I N  S E N A T E
 
                             January 13, 2026
                                ___________
 
 Introduced  by  Sen.  RHOADS -- 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  enacting  the  "first
   responders assault prevention act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "first responders assault prevention act".
   § 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.
   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.
   §  3.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
 penal law, paragraph (a) as amended by chapter 23 of the  laws  of  2024
 and  paragraph  (b)  as  amended  by chapter 94 of the laws of 2020, are
 amended to read as follows:
   (a) Class B violent felony offenses: an attempt to  commit  the  class
 A-I  felonies  of  murder  in  the  second  degree as defined in section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson in the first degree as defined in section 150.20; manslaughter  in
 the  first  degree as defined in section 125.20, aggravated manslaughter
 in the first degree as defined in section  125.22,  rape  in  the  first
 degree as defined in section 130.35, a crime formerly defined in section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13480-01-5
 S. 8873                             2
 
 130.50,  aggravated  sexual  abuse  in  the  first  degree as defined in
 section 130.70, course of sexual conduct against a child  in  the  first
 degree  as  defined  in  section  130.75, assault in the first degree as
 defined in section 120.10, kidnapping in the second degree as defined in
 section  135.20,  burglary  in  the  first  degree as defined in section
 140.30, arson in the second degree as defined in section 150.15, robbery
 in the first degree as defined in section  160.15,  sex  trafficking  as
 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
 sex trafficking of a child as defined in section 230.34-a, incest in the
 first  degree  as  defined  in  section 255.27, criminal possession of a
 weapon in the first degree as defined in section 265.04, criminal use of
 a firearm in the first degree as defined  in  section  265.09,  criminal
 sale  of  a  firearm  in  the first degree as defined in section 265.13,
 aggravated assault upon a police officer or a peace officer  as  defined
 in  section  120.11,  gang  assault  in  the  first degree as defined in
 section 120.07, ASSAULT ON A PEACE OFFICER, POLICE OFFICER,  FIREFIGHTER
 OR EMERGENCY MEDICAL SERVICES PROFESSIONAL AS DEFINED IN SECTION 120.08,
 intimidating  a  victim  or  witness  in  the first degree as defined in
 section 215.17, hindering prosecution of terrorism in the  first  degree
 as  defined  in section 490.35, criminal possession of a chemical weapon
 or biological weapon in the second degree as defined in section  490.40,
 and  criminal use of a chemical weapon or biological weapon in the third
 degree as defined in section 490.47.
   (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 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, crim-
 inal 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 chemical weapon or biolog-
 ical weapon in the third degree as defined in section 490.37.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.