Bill Text: NY A03422 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes traffic enforcement agents or city marshals within the category of persons protected while performing their lawful duties along with peace officers, police officers, firefighters and EMTs; makes technical corrections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03422 Detail]

Download: New_York-2023-A03422-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3422

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal  law,  in  relation  to  assaults  on  traffic
          enforcement agents and city marshals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision 1  of  section  70.02  of  the
     2  penal  law,  as amended by chapter 94 of the laws of 2020, is amended to
     3  read as follows:
     4    (b) Class C violent felony offenses: an attempt to commit any  of  the
     5  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
     6  vated criminally negligent homicide as defined in section 125.11, aggra-
     7  vated manslaughter in the second degree as defined  in  section  125.21,
     8  aggravated  sexual  abuse  in  the  second  degree as defined in section
     9  130.67, assault on a peace officer, police  officer,  firefighter  [or],
    10  emergency  medical  services  professional, traffic enforcement agent or
    11  city marshal as defined in section 120.08, assault on a judge as defined
    12  in section 120.09, gang assault in  the  second  degree  as  defined  in
    13  section  120.06, strangulation in the first degree as defined in section
    14  121.13,  aggravated  strangulation  as  defined  in  section   121.13-a,
    15  burglary  in  the second degree as defined in section 140.25, robbery in
    16  the second degree as defined in section 160.10, criminal possession of a
    17  weapon in the second degree as defined in section 265.03,  criminal  use
    18  of a firearm in the second degree as defined in section 265.08, criminal
    19  sale  of  a  firearm  in the second degree as defined in section 265.12,
    20  criminal sale of a firearm with the aid of a minor as defined in section
    21  265.14, aggravated criminal possession of a weapon as defined in section
    22  265.19, soliciting or providing support for an act of terrorism  in  the
    23  first  degree  as  defined  in  section 490.15, hindering prosecution of
    24  terrorism in the second degree as defined in section 490.30, and  crimi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08175-01-3
        A. 3422                             2

     1  nal  possession  of  a chemical weapon or biological weapon in the third
     2  degree as defined in section 490.37.
     3    § 2. Section 120.08 of the penal law, as amended by chapter 476 of the
     4  laws of 2018, is amended to read as follows:
     5  § 120.08 Assault  on  a peace officer, police officer, firefighter [or],
     6             emergency medical services professional, traffic  enforcement
     7             agent or city marshal.
     8    A  person  is  guilty  of  assault on a peace officer, police officer,
     9  firefighter  [or],  emergency  medical  services  professional,  traffic
    10  enforcement  agent  or city marshal when, with intent to prevent a peace
    11  officer, police officer, a firefighter, including a  firefighter  acting
    12  as  a  paramedic or emergency medical technician administering first aid
    13  in the course of performance of duty as such firefighter, [or] an  emer-
    14  gency medical service paramedic [or], an emergency medical service tech-
    15  nician, a traffic enforcement agent or a city marshal, from performing a
    16  lawful  duty,  he  or  she  causes serious physical injury to such peace
    17  officer, police officer, firefighter, paramedic [or], technician,  traf-
    18  fic enforcement agent or city marshal.
    19    Assault on a peace officer, police officer, firefighter [or], emergen-
    20  cy  medical  services  professional,  traffic  enforcement agent or city
    21  marshal is a class C felony.
    22    § 3. This act shall take effect on the thirtieth day  after  it  shall
    23  have become a law.