Bill Text: NY S03869 | 2015-2016 | General Assembly | Amended

---

Bill Title: Relates 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-26 - PRINT NUMBER 3869A [S03869 Detail]

Download: New_York-2015-S03869-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         3869--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 20, 2015
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes  --  recommitted  to
          the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        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    § 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
     4  as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
     5  follows:
     6    (b)  Class  C violent felony offenses: an attempt to commit any of the
     7  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
     8  vated criminally negligent homicide as defined in section 125.11, aggra-
     9  vated  manslaughter  in  the second degree as defined in section 125.21,
    10  aggravated sexual abuse in the  second  degree  as  defined  in  section
    11  130.67,  assault  on a peace officer, police officer, [fireman or] fire-
    12  fighter, emergency medical services professional, or member of an auxil-
    13  iary police program, while  on  duty,  as  defined  in  section  120.08,
    14  assault  on  a  judge  as defined in section 120.09, gang assault in the
    15  second degree as defined in section 120.06, strangulation in  the  first
    16  degree  as  defined  in section 121.13, burglary in the second degree as
    17  defined in section 140.25, robbery in the second degree  as  defined  in
    18  section  160.10, criminal possession of a weapon in the second degree as
    19  defined in section 265.03, criminal use  of  a  firearm  in  the  second
    20  degree  as  defined in section 265.08, criminal sale of a firearm in the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09115-02-6