Bill Text: NY S00067 | 2015-2016 | 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S00067 Detail]
Download: New_York-2015-S00067-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 67 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed 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 ORGANIZED 9 AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such officer 10 OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing 11 his or her official duties and the defendant knew or reasonably should 12 have known that such victim was a police officer or peace officer OR 13 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01878-02-5 S. 67 2 1 his or her official duties and the defendant knew or reasonably should 2 have known that such victim was a police officer or peace officer OR 3 MEMBER OF AN AUXILIARY POLICE PROGRAM. 4 Aggravated manslaughter in the second degree is a class C felony. 5 S 4. Section 125.22 of the penal law, as added by chapter 765 of the 6 laws of 2005, is amended to read as follows: 7 S 125.22 Aggravated manslaughter in the first degree. 8 A person is guilty of aggravated manslaughter in the first degree 9 when: 10 1. with intent to cause serious physical injury to a police officer 11 [or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED 12 AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer 13 OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing 14 his or her official duties and the defendant knew or reasonably should 15 have known that such victim was a police officer [or], a peace officer 16 OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death 17 of such officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM or another 18 police officer or peace officer OR A MEMBER OF AN AUXILIARY POLICE 19 PROGRAM; or 20 2. with intent to cause the death of a police officer [or], peace 21 officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAIN- 22 TAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer OR 23 MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing 24 his or her official duties and the defendant knew or reasonably should 25 have known that such victim was a police officer [or], A peace officer 26 OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death 27 of such officer, MEMBER OF AN AUXILIARY POLICE PROGRAM or another police 28 officer or peace officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM under 29 circumstances which do not constitute murder because he or she acts 30 under the influence of extreme emotional disturbance, as defined in 31 paragraph (a) of subdivision one of section 125.25. The fact that homi- 32 cide was committed under the influence of extreme emotional disturbance 33 constitutes a mitigating circumstance reducing murder to aggravated 34 manslaughter in the first degree or manslaughter in the first degree and 35 need not be proved in any prosecution initiated under this subdivision. 36 Aggravated manslaughter in the first degree is a class B felony. 37 S 5. Paragraph (a) of subdivision 1 of section 125.26 of the penal law 38 is amended by adding a new subparagraph (ii-b) to read as follows: 39 (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM 40 ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS 41 AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR 42 HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE 43 KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE 44 PROGRAM; OR 45 S 6. Paragraph (a) of subdivision 1 of section 125.27 of the penal law 46 is amended by adding a new subparagraph (ii-b) to read as follows: 47 (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM 48 ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS 49 AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR 50 HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE 51 KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE 52 PROGRAM; OR 53 S 7. This act shall take effect on the first of November next succeed- 54 ing the date upon which it shall have become a law.