Bill Text: NY A09139 | 2013-2014 | General Assembly | Introduced
Bill Title: Categorizes members of an auxiliary police program organized and maintained by a state or local police department with police officers and peace officers for purposes of certain felony classifications.
Spectrum: Slight Partisan Bill (Democrat 15-5)
Status: (Introduced - Dead) 2014-03-20 - referred to codes [A09139 Detail]
Download: New_York-2013-A09139-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9139 I N A S S E M B L Y March 20, 2014 ___________ Introduced by M. of A. SEPULVEDA -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to categorizing members of an auxiliary police program organized and maintained by a state or local police department with police officers and peace officers for purposes of certain felony classifications THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "Auxiliary 2 Police Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act." 3 S 2. Section 125.11 of the penal law, as added by chapter 765 of the 4 laws of 2005, is amended to read as follows: 5 S 125.11 Aggravated criminally negligent homicide. 6 A person is guilty of aggravated criminally negligent homicide when, 7 with criminal negligence, he or she causes the death of a police officer 8 [or] , peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGAN- 9 IZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such 10 officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of 11 performing his or her official duties and the defendant knew or reason- 12 ably should have known that such victim was a police officer or peace 13 officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM. 14 Aggravated criminally negligent homicide is a class C felony. 15 S 3. Section 125.21 of the penal law, as added by chapter 765 of the 16 laws of 2005, is amended to read as follows: 17 S 125.21 Aggravated manslaughter in the second degree. 18 A person is guilty of aggravated manslaughter in the second degree 19 when he or she recklessly causes the death of a police officer [or], 20 peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND 21 MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such officer OR 22 MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing 23 his or her official duties and the defendant knew or reasonably should 24 have known that such victim was a police officer or peace officer OR 25 MEMBER OF AN AUXILIARY POLICE PROGRAM. 26 Aggravated manslaughter in the second degree is a class C felony. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14404-01-4 A. 9139 2 1 S 4. Section 125.22 of the penal law, as added by chapter 765 of the 2 laws of 2005, is amended to read as follows: 3 S 125.22 Aggravated manslaughter in the first degree. 4 A person is guilty of aggravated manslaughter in the first degree 5 when: 6 1. with intent to cause serious physical injury to a police officer 7 [or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED 8 AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer 9 OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing 10 his or her official duties and the defendant knew or reasonably should 11 have known that such victim was a police officer [or], a peace officer 12 OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death 13 of such officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM or another 14 police officer or peace officer OR A MEMBER OF AN AUXILIARY POLICE 15 PROGRAM; or 16 2. with intent to cause the death of a police officer [or], peace 17 officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAIN- 18 TAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer OR 19 MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing 20 his or her official duties and the defendant knew or reasonably should 21 have known that such victim was a police officer [or], A peace officer 22 OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death 23 of such officer, MEMBER OF AN AUXILIARY POLICE PROGRAM or another police 24 officer or peace officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM under 25 circumstances which do not constitute murder because he or she acts 26 under the influence of extreme emotional disturbance, as defined in 27 paragraph (a) of subdivision one of section 125.25. The fact that homi- 28 cide was committed under the influence of extreme emotional disturbance 29 constitutes a mitigating circumstance reducing murder to aggravated 30 manslaughter in the first degree or manslaughter in the first degree and 31 need not be proved in any prosecution initiated under this subdivision. 32 Aggravated manslaughter in the first degree is a class B felony. 33 S 5. Paragraph a of subdivision 1 of section 125.26 of the penal law 34 is amended by adding a new subparagraph (ii-b) to read as follows: 35 (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM 36 ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS 37 AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR 38 HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE 39 KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE 40 PROGRAM; OR 41 S 6. Paragraph a of subdivision 1 of section 125.27 of the penal law 42 is amended by adding a new subparagraph (ii-b) to read as follows: 43 (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM 44 ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS 45 AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR 46 HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE 47 KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE 48 PROGRAM; OR 49 S 7. This act shall take effect on the first of November next succeed- 50 ing the date upon which it shall have become a law.