Bill Text: NY A06997 | 2021-2022 | 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: Strong Partisan Bill (Democrat 56-6)

Status: (Introduced) 2021-04-19 - referred to codes [A06997 Detail]

Download: New_York-2021-A06997-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6997

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 19, 2021
                                       ___________

        Introduced  by  M.  of  A.  WEPRIN, BURGOS, BENEDETTO, ABBATE, BARNWELL,
          BRABENEC, BRAUNSTEIN, AUBRY, COLTON, CRUZ,  CUSICK,  DARLING,  DAVILA,
          DE LA ROSA,  DICKENS,  DURSO,  ENGLEBRIGHT,  FERNANDEZ, FRONTUS, FALL,
          GRIFFIN, GUNTHER, GOTTFRIED, HYNDMAN,  JEAN-PIERRE,  NIOU,  PALMESANO,
          PHEFFER AMATO,  PICHARDO,  QUART,  REYES,  J. RIVERA,  PAULIN, SAYEGH,
          SEAWRIGHT, STIRPE, VANEL, WILLIAMS, WALKER,  WALLACE,  STERN,  EICHEN-
          STEIN,  McDONALD,  MONTESANO,  D. ROSENTHAL, OTIS, KIM, LAVINE, RODRI-
          GUEZ, ZEBROWSKI, WOERNER, RA -- Multi-Sponsored by -- M. of  A.  COOK,
          CYMBROWITZ,  DINOWITZ,  GALEF,  HAWLEY, HEVESI, NOLAN, PERRY, 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 22 to read as follows:
     3    22.  "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 134 of the  laws  of  2019,  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,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04132-01-1

        A. 6997                             2

     1  assualt on an on-duty auxiliary police officer  as  defined  in  section
     2  120.08-a,  assault on a judge as defined in section 120.09, gang assault
     3  in the second degree as defined in section 120.06, strangulation in  the
     4  first  degree  as defined in section 121.13, aggravated strangulation as
     5  defined in section 121.13-a, burglary in the second degree as defined in
     6  section 140.25, robbery in the  second  degree  as  defined  in  section
     7  160.10,  criminal possession of a weapon in the second degree as defined
     8  in section 265.03, criminal use of a firearm in  the  second  degree  as
     9  defined  in  section  265.08,  criminal  sale of a firearm in the second
    10  degree as defined in section 265.12, criminal sale of a firearm with the
    11  aid of a  minor  as  defined  in  section  265.14,  aggravated  criminal
    12  possession  of  a  weapon  as  defined  in section 265.19, soliciting or
    13  providing support for an act of terrorism in the first degree as defined
    14  in section 490.15, hindering prosecution  of  terrorism  in  the  second
    15  degree as defined in section 490.30, and criminal possession of a chemi-
    16  cal  weapon  or  biological  weapon  in  the  third degree as defined in
    17  section 490.37.
    18    (c) Class D violent felony offenses: an attempt to commit any  of  the
    19  class C felonies set forth in paragraph (b); reckless assault of a child
    20  as defined in section 120.02, assault in the second degree as defined in
    21  section 120.05, menacing a police officer or peace officer as defined in
    22  section  120.18, menacing an on-duty auxiliary police officer as defined
    23  in section 120.19, stalking in the first degree, as defined in  subdivi-
    24  sion  one  of  section  120.60,  strangulation  in  the second degree as
    25  defined in section 121.12, rape in  the  second  degree  as  defined  in
    26  section  130.30,  criminal sexual act in the second degree as defined in
    27  section 130.45, sexual abuse in the first degree as defined  in  section
    28  130.65, course of sexual conduct against a child in the second degree as
    29  defined  in  section 130.80, aggravated sexual abuse in the third degree
    30  as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
    31  controlled  substance as defined in section 130.90, labor trafficking as
    32  defined in paragraphs (a)  and  (b)  of  subdivision  three  of  section
    33  135.35,  criminal  possession of a weapon in the third degree as defined
    34  in subdivision five, six, seven, eight, nine or ten of  section  265.02,
    35  criminal  sale  of  a  firearm in the third degree as defined in section
    36  265.11, intimidating a victim or witness in the second degree as defined
    37  in section 215.16, soliciting or providing support for an act of terror-
    38  ism in the second degree as defined in  section  490.10,  and  making  a
    39  terroristic  threat  as  defined in section 490.20, falsely reporting an
    40  incident in the first degree as defined in  section  240.60,  placing  a
    41  false  bomb  or  hazardous  substance  in the first degree as defined in
    42  section 240.62, placing a false bomb or hazardous substance in a  sports
    43  stadium or arena, mass transportation facility or enclosed shopping mall
    44  as defined in section 240.63, aggravated unpermitted use of indoor pyro-
    45  technics  in the first degree as defined in section 405.18, and criminal
    46  manufacture, sale, or transport of an  undetectable  firearm,  rifle  or
    47  shotgun as defined in section 265.50.
    48    § 3. Section 120.05 of the penal law is amended by adding a new subdi-
    49  vision 10-a to read as follows:
    50    10-a.  With  the intent to prevent an on-duty auxiliary police officer
    51  from performing a lawful duty, by means including releasing  or  failing
    52  to  control  an  animal  under circumstances evincing the actor's intent
    53  that the animal obstruct the lawful activity of such  on-duty  auxiliary
    54  police  officer, he or she causes physical injury to such on-duty auxil-
    55  iary police officer.

        A. 6997                             3

     1    § 4. The penal law is amended by adding a new section 120.08-a to read
     2  as follows:
     3  § 120.08-a Assault on an on-duty auxiliary police officer.
     4    A  person  is guilty of assault on an on-duty auxiliary police officer
     5  when, with intent to prevent an on-duty auxiliary  police  officer  from
     6  performing  a  lawful  duty, he or she causes serious physical injury to
     7  such an on-duty auxiliary police officer.
     8    Assault on an on-duty auxiliary police officer is a class C felony.
     9    § 5. Section 120.13 of the penal law, as amended by chapter 765 of the
    10  laws of 2005, is amended to read as follows:
    11  § 120.13 Menacing in the first degree.
    12    A person is guilty of menacing in the first  degree  when  he  or  she
    13  commits  the  crime of menacing in the second degree and has been previ-
    14  ously convicted of the crime of menacing in the  second  degree  or  the
    15  crime  of  menacing  a  police officer or peace officer, or the crime of
    16  menacing an on-duty auxiliary police officer within  the  preceding  ten
    17  years.
    18    Menacing in the first degree is a class E felony.
    19    §  6.  The penal law is amended by adding a new section 120.19 to read
    20  as follows:
    21  § 120.19 Menacing an on-duty auxiliary police officer.
    22    A person is guilty of menacing an  on-duty  auxiliary  police  officer
    23  when  he  or  she  intentionally  places or attempts to place an on-duty
    24  auxiliary police officer in reasonable fear of physical injury,  serious
    25  physical  injury  or death by displaying a deadly weapon, knife, pistol,
    26  revolver, rifle, shotgun, machine gun or other firearm, whether operable
    27  or not, where such officer was in the course of performing  his  or  her
    28  official  duties  and the defendant knew or reasonably should have known
    29  that such victim was an on-duty auxiliary police officer.
    30    Menacing an on-duty auxiliary police officer is a class D felony.
    31    § 7. The penal law is amended by adding a new section 195.09  to  read
    32  as follows:
    33  § 195.09 Obstructing  the  duties of an on-duty auxiliary police officer
    34             by means of a self-defense spray device.
    35    A person is guilty of obstructing the duties of an  on-duty  auxiliary
    36  police  officer  by  means of a self-defense spray device when, with the
    37  intent to prevent an on-duty auxiliary police officer from performing  a
    38  lawful  duty,  he  or  she  causes  temporary  physical impairment to an
    39  on-duty auxiliary police officer by intentionally discharging a self-de-
    40  fense spray device, as defined in paragraph fourteen of subdivision a of
    41  section 265.20 of this chapter, thereby causing such temporary  physical
    42  impairment.
    43    Obstructing the duties of an on-duty auxiliary police officer by means
    44  of a self-defense spray device is a class D felony.
    45    § 8. This act shall take effect on the first of November next succeed-
    46  ing the date on which it shall have become a law.
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