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.
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