Bill Text: NY A01681 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to an increase in punishment for certain actions against on-duty auxiliary police officers such as criminally negligent homicide, assault or menacing of such officer.
Spectrum: Partisan Bill (Democrat 39-2)
Status: (Introduced) 2025-01-14 - referred to codes [A01681 Detail]
Download: New_York-2025-A01681-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1681 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ, HAWLEY, HEVESI, ROZIC -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to on duty auxiliary police officers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 10.00 of the penal law is amended by adding a new 2 subdivision 23 to read as follows: 3 23. "On-duty auxiliary police officer" means a member of an auxiliary 4 police program that is organized and maintained by a state or local 5 police department who is acting as an auxiliary police officer at the 6 time of the act or omission. 7 § 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the 8 penal law, paragraph (b) as amended by chapter 94 of the laws of 2020 9 and paragraph (c) as amended by chapter 23 of the laws of 2024, are 10 amended to read as follows: 11 (b) Class C violent felony offenses: an attempt to commit any of the 12 class B felonies set forth in paragraph (a) of this subdivision; aggra- 13 vated criminally negligent homicide as defined in section 125.11, aggra- 14 vated manslaughter in the second degree as defined in section 125.21, 15 aggravated sexual abuse in the second degree as defined in section 16 130.67, assault on a peace officer, police officer, firefighter or emer- 17 gency medical services professional as defined in section 120.08, 18 assault on an on-duty auxiliary police officer as defined in section 19 120.08-a, assault on a judge as defined in section 120.09, gang assault 20 in the second degree as defined in section 120.06, strangulation in the 21 first degree as defined in section 121.13, aggravated strangulation as 22 defined in section 121.13-a, burglary in the second degree as defined in 23 section 140.25, robbery in the second degree as defined in section 24 160.10, criminal possession of a weapon in the second degree as defined EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02947-01-5A. 1681 2 1 in section 265.03, criminal use of a firearm in the second degree as 2 defined in section 265.08, criminal sale of a firearm in the second 3 degree as defined in section 265.12, criminal sale of a firearm with the 4 aid of a minor as defined in section 265.14, aggravated criminal 5 possession of a weapon as defined in section 265.19, soliciting or 6 providing support for an act of terrorism in the first degree as defined 7 in section 490.15, hindering prosecution of terrorism in the second 8 degree as defined in section 490.30, and criminal possession of a chemi- 9 cal weapon or biological weapon in the third degree as defined in 10 section 490.37. 11 (c) Class D violent felony offenses: an attempt to commit any of the 12 class C felonies set forth in paragraph (b); reckless assault of a child 13 as defined in section 120.02, assault in the second degree as defined in 14 section 120.05, menacing a police officer or peace officer as defined in 15 section 120.18, menacing an on-duty auxiliary police officer as defined 16 in section 120.21, stalking in the first degree, as defined in subdivi- 17 sion one of section 120.60, strangulation in the second degree as 18 defined in section 121.12, rape in the second degree as defined in 19 section 130.30, a crime formerly defined in section 130.45, sexual abuse 20 in the first degree as defined in section 130.65, course of sexual 21 conduct against a child in the second degree as defined in section 22 130.80, aggravated sexual abuse in the third degree as defined in 23 section 130.66, facilitating a sex offense with a controlled substance 24 as defined in section 130.90, labor trafficking as defined in paragraphs 25 (a) and (b) of subdivision three of section 135.35, criminal possession 26 of a weapon in the third degree as defined in subdivision five, six, 27 seven, eight, nine or ten of section 265.02, criminal sale of a firearm 28 in the third degree as defined in section 265.11, intimidating a victim 29 or witness in the second degree as defined in section 215.16, soliciting 30 or providing support for an act of terrorism in the second degree as 31 defined in section 490.10, and making a terroristic threat as defined in 32 section 490.20, falsely reporting an incident in the first degree as 33 defined in section 240.60, placing a false bomb or hazardous substance 34 in the first degree as defined in section 240.62, placing a false bomb 35 or hazardous substance in a sports stadium or arena, mass transportation 36 facility or enclosed shopping mall as defined in section 240.63, aggra- 37 vated unpermitted use of indoor pyrotechnics in the first degree as 38 defined in section 405.18, and criminal manufacture, sale, or transport 39 of an undetectable firearm, rifle or shotgun as defined in section 40 265.50. 41 § 3. Section 120.05 of the penal law is amended by adding a new subdi- 42 vision 10-a to read as follows: 43 10-a. With the intent to prevent an on-duty auxiliary police officer 44 from performing a lawful duty, by means including releasing or failing 45 to control an animal under circumstances evincing the actor's intent 46 that the animal obstruct the lawful activity of such on-duty auxiliary 47 police officer, such person causes physical injury to such on-duty 48 auxiliary police officer. 49 § 4. The penal law is amended by adding a new section 120.08-a to read 50 as follows: 51 § 120.08-a Assault on an on-duty auxiliary police officer. 52 A person is guilty of assault on an on-duty auxiliary police officer 53 when, with intent to prevent an on-duty auxiliary police officer from 54 performing a lawful duty, such person causes serious physical injury to 55 such an on-duty auxiliary police officer. 56 Assault on an on-duty auxiliary police officer is a class C felony.A. 1681 3 1 § 5. Section 120.13 of the penal law, as amended by chapter 765 of the 2 laws of 2005, is amended to read as follows: 3 § 120.13 Menacing in the first degree. 4 A person is guilty of menacing in the first degree when [he or she] 5 such person commits the crime of menacing in the second degree and has 6 been previously convicted of the crime of menacing in the second degree 7 or the crime of menacing a police officer or peace officer, or the crime 8 of menacing an on-duty auxiliary police officer within the preceding ten 9 years. 10 Menacing in the first degree is a class E felony. 11 § 6. The penal law is amended by adding a new section 120.21 to read 12 as follows: 13 § 120.21 Menacing an on-duty auxiliary police officer. 14 A person is guilty of menacing an on-duty auxiliary police officer 15 when such person intentionally places or attempts to place an on-duty 16 auxiliary police officer in reasonable fear of physical injury, serious 17 physical injury or death by displaying a deadly weapon, knife, pistol, 18 revolver, rifle, shotgun, machine gun or other firearm, whether operable 19 or not, where such officer was in the course of performing such offi- 20 cer's official duties and the defendant knew or reasonably should have 21 known that such victim was an on-duty auxiliary police officer. 22 Menacing an on-duty auxiliary police officer is a class D felony. 23 § 7. The penal law is amended by adding a new section 195.09 to read 24 as follows: 25 § 195.09 Obstructing the duties of an on-duty auxiliary police officer 26 by means of a self-defense spray device. 27 A person is guilty of obstructing the duties of an on-duty auxiliary 28 police officer by means of a self-defense spray device when, with the 29 intent to prevent an on-duty auxiliary police officer from performing a 30 lawful duty, such person causes temporary physical impairment to an 31 on-duty auxiliary police officer by intentionally discharging a self-de- 32 fense spray device, as defined in paragraph fourteen of subdivision a of 33 section 265.20 of this part, thereby causing such temporary physical 34 impairment. 35 Obstructing the duties of an on-duty auxiliary police officer by means 36 of a self-defense spray device is a class D felony. 37 § 8. This act shall take effect on the first of November next succeed- 38 ing the date on which it shall have become a law.
