Bill Text: NY S05610 | 2019-2020 | General Assembly | Introduced

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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: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05610 Detail]

Download: New_York-2019-S05610-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5610
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 8, 2019
                                       ___________
        Introduced  by  Sen. ADDABBO -- 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 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
    19  120.08-a,  assault on a judge as defined in section 120.09, gang assault
    20  in the second degree as defined in section 120.06, strangulation in  the
    21  first degree as defined in section 121.13, burglary in the second degree
    22  as defined in section 140.25, robbery in the second degree as defined in
    23  section  160.10, criminal possession of a weapon in the second degree as
    24  defined in section 265.03, criminal use  of  a  firearm  in  the  second
    25  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.
                                                                   LBD08547-01-9
        S. 5610                             2
     1  second degree as defined in section 265.12, criminal sale of  a  firearm
     2  with  the aid of a minor as defined in section 265.14, aggravated crimi-
     3  nal possession of a weapon as defined in section 265.19,  soliciting  or
     4  providing support for an act of terrorism in the first degree as defined
     5  in  section  490.15,  hindering  prosecution  of terrorism in the second
     6  degree as defined in section 490.30, and criminal possession of a chemi-
     7  cal weapon or biological weapon  in  the  third  degree  as  defined  in
     8  section 490.37.
     9    (c)  Class  D violent felony offenses: an attempt to commit any of the
    10  class C felonies set forth in paragraph (b); reckless assault of a child
    11  as defined in section 120.02, assault in the second degree as defined in
    12  section 120.05, menacing a police officer or peace officer as defined in
    13  section 120.18, menacing an on-duty auxiliary police officer as  defined
    14  in  section 120.19, stalking in the first degree, as defined in subdivi-
    15  sion one of section  120.60,  strangulation  in  the  second  degree  as
    16  defined  in  section  121.12,  rape  in  the second degree as defined in
    17  section 130.30, criminal sexual act in the second degree as  defined  in
    18  section  130.45,  sexual abuse in the first degree as defined in section
    19  130.65, course of sexual conduct against a child in the second degree as
    20  defined in section 130.80, aggravated sexual abuse in the  third  degree
    21  as  defined  in  section  130.66,  facilitating  a  sex  offense  with a
    22  controlled substance as defined in section 130.90, labor trafficking  as
    23  defined  in  paragraphs  (a)  and  (b)  of  subdivision three of section
    24  135.35, criminal possession of a weapon in the third degree  as  defined
    25  in  subdivision  five, six, seven, eight, nine or ten of section 265.02,
    26  criminal sale of a firearm in the third degree  as  defined  in  section
    27  265.11, intimidating a victim or witness in the second degree as defined
    28  in section 215.16, soliciting or providing support for an act of terror-
    29  ism  in  the  second  degree  as defined in section 490.10, and making a
    30  terroristic threat as defined in section 490.20,  falsely  reporting  an
    31  incident  in  the  first  degree as defined in section 240.60, placing a
    32  false bomb or hazardous substance in the  first  degree  as  defined  in
    33  section  240.62, placing a false bomb or hazardous substance in a sports
    34  stadium or arena, mass transportation facility or enclosed shopping mall
    35  as defined in section 240.63, and aggravated unpermitted use  of  indoor
    36  pyrotechnics in the first degree as defined in section 405.18.
    37    § 3. Section 120.05 of the penal law is amended by adding a new subdi-
    38  vision 10-a to read as follows:
    39    10-a.  With  the intent to prevent an on-duty auxiliary police officer
    40  from performing a lawful duty, by means including releasing  or  failing
    41  to  control  an  animal  under circumstances evincing the actor's intent
    42  that the animal obstruct the lawful activity of such  on-duty  auxiliary
    43  police  officer, he or she causes physical injury to such on-duty auxil-
    44  iary police officer.
    45    § 4. The penal law is amended by adding a new section 120.08-a to read
    46  as follows:
    47  § 120.08-a Assault on an on-duty auxiliary police officer.
    48    A person is guilty of assault on an on-duty auxiliary  police  officer
    49  when,  with  intent  to prevent an on-duty auxiliary police officer from
    50  performing a lawful duty, he or she causes serious  physical  injury  to
    51  such an on-duty auxiliary police officer.
    52    Assault on an on-duty auxiliary police officer is a class C felony.
    53    § 5. Section 120.13 of the penal law, as amended by chapter 765 of the
    54  laws of 2005, is amended to read as follows:
    55  § 120.13 Menacing in the first degree.
        S. 5610                             3
     1    A  person  is  guilty  of  menacing in the first degree when he or she
     2  commits the crime of menacing in the second degree and has  been  previ-
     3  ously  convicted  of  the  crime of menacing in the second degree or the
     4  crime of menacing a police officer or peace officer,  or  the  crime  of
     5  menacing  an  on-duty  auxiliary police officer within the preceding ten
     6  years.
     7    Menacing in the first degree is a class E felony.
     8    § 6. The penal law is amended by adding a new section 120.19  to  read
     9  as follows:
    10  § 120.19 Menacing an on-duty auxiliary police officer.
    11    A  person  is  guilty  of menacing an on-duty auxiliary police officer
    12  when he or she intentionally places or  attempts  to  place  an  on-duty
    13  auxiliary  police officer in reasonable fear of physical injury, serious
    14  physical injury or death by displaying a deadly weapon,  knife,  pistol,
    15  revolver, rifle, shotgun, machine gun or other firearm, whether operable
    16  or  not,  where  such officer was in the course of performing his or her
    17  official duties and the defendant knew or reasonably should  have  known
    18  that such victim was an on-duty auxiliary police officer.
    19    Menacing an on-duty auxiliary police officer is a class D felony.
    20    §  7.  The penal law is amended by adding a new section 195.09 to read
    21  as follows:
    22  § 195.09 Obstructing the duties of an on-duty auxiliary  police  officer
    23             by means of a self-defense spray device.
    24    A  person  is guilty of obstructing the duties of an on-duty auxiliary
    25  police officer by means of a self-defense spray device  when,  with  the
    26  intent  to prevent an on-duty auxiliary police officer from performing a
    27  lawful duty, he or  she  causes  temporary  physical  impairment  to  an
    28  on-duty auxiliary police officer by intentionally discharging a self-de-
    29  fense spray device, as defined in paragraph fourteen of subdivision a of
    30  section  265.20 of this chapter, thereby causing such temporary physical
    31  impairment.
    32    Obstructing the duties of an on-duty auxiliary police officer by means
    33  of a self-defense spray device is a class D felony.
    34    § 8. This act shall take effect on the first of November next succeed-
    35  ing the date on which it shall have become a law.