Bill Text: NY A04304 | 2019-2020 | 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: Moderate Partisan Bill (Democrat 68-10)

Status: (Introduced) 2020-01-08 - referred to codes [A04304 Detail]

Download: New_York-2019-A04304-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4304
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A. WEPRIN, QUART, M. G. MILLER, PICHARDO, TITUS,
          COLTON, RODRIGUEZ, MOSLEY, DenDEKKER, BLAKE, HYNDMAN, RAIA,  BRABENEC,
          MONTESANO, McDONOUGH, GOTTFRIED, CROUCH, WOERNER, JEAN-PIERRE, GIGLIO,
          PALUMBO, ZEBROWSKI, ORTIZ, KIM, DAVILA, OTIS, LAVINE, PALMESANO, NIOU,
          SIMOTAS, PHEFFER AMATO, RA, GUNTHER, D. ROSENTHAL, SEAWRIGHT, BENEDET-
          TO,  ARROYO,  ABBATE,  VANEL,  DICKENS,  RIVERA,  FERNANDEZ,  STERN --
          Multi-Sponsored by -- M. of A.  BARNWELL,  BRAUNSTEIN,  COOK,  CRESPO,
          CYMBROWITZ,  DINOWITZ,  GALEF,  HAWLEY,  HEVESI,  NOLAN, ROZIC, SIMON,
          THIELE, WRIGHT -- 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 476 of the laws of 2018
     9  and paragraph (c) as amended by chapter 368 of the  laws  of  2015,  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,
    18  assault on an on-duty auxiliary police officer  as  defined  in  section
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08547-01-9

        A. 4304                             2
     1  120.08-a,  assault on a judge as defined in section 120.09, gang assault
     2  in the second degree as defined in section 120.06, strangulation in  the
     3  first degree as defined in section 121.13, burglary in the second degree
     4  as defined in section 140.25, robbery in the second degree as defined in
     5  section  160.10, criminal possession of a weapon in the second degree as
     6  defined in section 265.03, criminal use  of  a  firearm  in  the  second
     7  degree  as  defined in section 265.08, criminal sale of a firearm in the
     8  second degree as defined in section 265.12, criminal sale of  a  firearm
     9  with  the aid of a minor as defined in section 265.14, aggravated crimi-
    10  nal possession of a weapon as defined in section 265.19,  soliciting  or
    11  providing support for an act of terrorism in the first degree as defined
    12  in  section  490.15,  hindering  prosecution  of terrorism in the second
    13  degree as defined in section 490.30, and criminal possession of a chemi-
    14  cal weapon or biological weapon  in  the  third  degree  as  defined  in
    15  section 490.37.
    16    (c)  Class  D violent felony offenses: an attempt to commit any of the
    17  class C felonies set forth in paragraph (b); reckless assault of a child
    18  as defined in section 120.02, assault in the second degree as defined in
    19  section 120.05, menacing a police officer or peace officer as defined in
    20  section 120.18, menacing an on-duty auxiliary police officer as  defined
    21  in  section 120.19, stalking in the first degree, as defined in subdivi-
    22  sion one of section  120.60,  strangulation  in  the  second  degree  as
    23  defined  in  section  121.12,  rape  in  the second degree as defined in
    24  section 130.30, criminal sexual act in the second degree as  defined  in
    25  section  130.45,  sexual abuse in the first degree as defined in section
    26  130.65, course of sexual conduct against a child in the second degree as
    27  defined in section 130.80, aggravated sexual abuse in the  third  degree
    28  as  defined  in  section  130.66,  facilitating  a  sex  offense  with a
    29  controlled substance as defined in section 130.90, labor trafficking  as
    30  defined  in  paragraphs  (a)  and  (b)  of  subdivision three of section
    31  135.35, criminal possession of a weapon in the third degree  as  defined
    32  in  subdivision  five, six, seven, eight, nine or ten of section 265.02,
    33  criminal sale of a firearm in the third degree  as  defined  in  section
    34  265.11, intimidating a victim or witness in the second degree as defined
    35  in section 215.16, soliciting or providing support for an act of terror-
    36  ism  in  the  second  degree  as defined in section 490.10, and making a
    37  terroristic threat as defined in section 490.20,  falsely  reporting  an
    38  incident  in  the  first  degree as defined in section 240.60, placing a
    39  false bomb or hazardous substance in the  first  degree  as  defined  in
    40  section  240.62, placing a false bomb or hazardous substance in a sports
    41  stadium or arena, mass transportation facility or enclosed shopping mall
    42  as defined in section 240.63, and aggravated unpermitted use  of  indoor
    43  pyrotechnics in the first degree as defined in section 405.18.
    44    § 3. Section 120.05 of the penal law is amended by adding a new subdi-
    45  vision 10-a to read as follows:
    46    10-a.  With  the intent to prevent an on-duty auxiliary police officer
    47  from performing a lawful duty, by means including releasing  or  failing
    48  to  control  an  animal  under circumstances evincing the actor's intent
    49  that the animal obstruct the lawful activity of such  on-duty  auxiliary
    50  police  officer, he or she causes physical injury to such on-duty auxil-
    51  iary police officer.
    52    § 4. The penal law is amended by adding a new section 120.08-a to read
    53  as follows:
    54  § 120.08-a Assault on an on-duty auxiliary police officer.
    55    A person is guilty of assault on an on-duty auxiliary  police  officer
    56  when,  with  intent  to prevent an on-duty auxiliary police officer from

        A. 4304                             3
     1  performing a lawful duty, he or she causes serious  physical  injury  to
     2  such an on-duty auxiliary police officer.
     3    Assault on an on-duty auxiliary police officer is a class C felony.
     4    § 5. Section 120.13 of the penal law, as amended by chapter 765 of the
     5  laws of 2005, is amended to read as follows:
     6  § 120.13 Menacing in the first degree.
     7    A  person  is  guilty  of  menacing in the first degree when he or she
     8  commits the crime of menacing in the second degree and has  been  previ-
     9  ously  convicted  of  the  crime of menacing in the second degree or the
    10  crime of menacing a police officer or peace officer,  or  the  crime  of
    11  menacing  an  on-duty  auxiliary police officer within the preceding ten
    12  years.
    13    Menacing in the first degree is a class E felony.
    14    § 6. The penal law is amended by adding a new section 120.19  to  read
    15  as follows:
    16  § 120.19 Menacing an on-duty auxiliary police officer.
    17    A  person  is  guilty  of menacing an on-duty auxiliary police officer
    18  when he or she intentionally places or  attempts  to  place  an  on-duty
    19  auxiliary  police officer in reasonable fear of physical injury, serious
    20  physical injury or death by displaying a deadly weapon,  knife,  pistol,
    21  revolver, rifle, shotgun, machine gun or other firearm, whether operable
    22  or  not,  where  such officer was in the course of performing his or her
    23  official duties and the defendant knew or reasonably should  have  known
    24  that such victim was an on-duty auxiliary police officer.
    25    Menacing an on-duty auxiliary police officer is a class D felony.
    26    §  7.  The penal law is amended by adding a new section 195.09 to read
    27  as follows:
    28  § 195.09 Obstructing the duties of an on-duty auxiliary  police  officer
    29             by means of a self-defense spray device.
    30    A  person  is guilty of obstructing the duties of an on-duty auxiliary
    31  police officer by means of a self-defense spray device  when,  with  the
    32  intent  to prevent an on-duty auxiliary police officer from performing a
    33  lawful duty, he or  she  causes  temporary  physical  impairment  to  an
    34  on-duty auxiliary police officer by intentionally discharging a self-de-
    35  fense spray device, as defined in paragraph fourteen of subdivision a of
    36  section  265.20 of this chapter, thereby causing such temporary physical
    37  impairment.
    38    Obstructing the duties of an on-duty auxiliary police officer by means
    39  of a self-defense spray device is a class D felony.
    40    § 8. This act shall take effect on the first of November next succeed-
    41  ing the date on which it shall have become a law.
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