Bill Text: NY A01635 | 2017-2018 | 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 2-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A01635 Detail]

Download: New_York-2017-A01635-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1635
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced  by  M. of A. PRETLOW, MAYER -- read once and referred to the
          Committee 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 1 of the laws of 2013, 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, [fireman  or]  fire-
    10  fighter,  emergency  medical  services professional, traffic enforcement
    11  agent or city marshal as defined in section 120.08, assault on  a  judge
    12  as  defined  in  section  120.09,  gang  assault in the second degree as
    13  defined in section 120.06, strangulation in the first degree as  defined
    14  in  section  121.13, burglary in the second degree as defined in section
    15  140.25, robbery in the second degree as defined in section 160.10, crim-
    16  inal possession of a weapon in the second degree as defined  in  section
    17  265.03,  criminal  use  of  a firearm in the second degree as defined in
    18  section 265.08, criminal sale of a  firearm  in  the  second  degree  as
    19  defined  in section 265.12, criminal sale of a firearm with the aid of a
    20  minor as defined in section 265.14, aggravated criminal possession of  a
    21  weapon as defined in section 265.19, soliciting or providing support for
    22  an  act  of  terrorism in the first degree as defined in section 490.15,
    23  hindering prosecution of terrorism in the second degree  as  defined  in
    24  section  490.30, and criminal possession of a chemical weapon or biolog-
    25  ical weapon in the third degree as defined in section 490.37.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05056-01-7
        A. 1635                             2
     1    § 2. Section 120.08 of the penal law, as added by chapter 632  of  the
     2  laws of 1996, is amended to read as follows:
     3  §  120.08 Assault on a peace officer, police officer, [fireman or] fire-
     4             fighter, emergency  medical  services  professional,  traffic
     5             enforcement agent or city marshal.
     6    A  person  is  guilty  of  assault on a peace officer, police officer,
     7  [fireman or] firefighter, emergency medical services professional, traf-
     8  fic enforcement agent or city marshal when, with  intent  to  prevent  a
     9  peace  officer,  a  police officer, a [fireman] firefighter, including a
    10  [fireman] firefighter acting as a paramedic or emergency medical techni-
    11  cian administering first aid in the course of  performance  of  duty  as
    12  such  [fireman] firefighter, [or] an emergency medical service paramedic
    13  [or], an emergency medical service  technician,  a  traffic  enforcement
    14  agent  or city marshal, from performing a lawful duty, he causes serious
    15  physical injury to such peace officer, police officer,  [fireman]  fire-
    16  fighter,  paramedic  [or], technician, traffic enforcement agent or city
    17  marshal.
    18    Assault on a peace officer, police officer, [fireman or]  firefighter,
    19  emergency  medical  services  professional, traffic enforcement agent or
    20  city marshal is a class C felony.
    21    § 3. This act shall take effect on the thirtieth day  after  it  shall
    22  have become a law.