Bill Text: NY S06633 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to increasing the penalty for assault upon a peace officer, police officer, fireman or emergency medical services professional to being a class B violent felony offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S06633 Detail]

Download: New_York-2017-S06633-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6633--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 8, 2017
                                       ___________
        Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the penal law, in relation to the penalty for assault on
          a  peace officer, police officer, fireman or emergency medical service
          professional
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.   Paragraphs (a) and (b) of subdivision 1 of section 70.02
     2  of the penal law, paragraph (a) as amended by chapter 368 of the laws of
     3  2015 and paragraph (b) as amended by chapter 1 of the laws of 2013,  are
     4  amended to read as follows:
     5    (a)  Class  B  violent felony offenses: an attempt to commit the class
     6  A-I felonies of murder in  the  second  degree  as  defined  in  section
     7  125.25, kidnapping in the first degree as defined in section 135.25, and
     8  arson  in the first degree as defined in section 150.20; manslaughter in
     9  the first degree as defined in section 125.20,  aggravated  manslaughter
    10  in  the  first  degree  as  defined in section 125.22, rape in the first
    11  degree as defined in section 130.35, criminal sexual act  in  the  first
    12  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    13  first degree as defined in section  130.70,  course  of  sexual  conduct
    14  against  a  child  in  the  first  degree  as defined in section 130.75;
    15  assault on a peace officer, police officer, fireman or emergency medical
    16  services professional as defined in section 120.08, assault in the first
    17  degree as defined in section 120.10, kidnapping in the second degree  as
    18  defined  in  section  135.20, burglary in the first degree as defined in
    19  section 140.30, arson in the second degree as defined in section 150.15,
    20  robbery in the first degree as defined in section 160.15, sex  traffick-
    21  ing  as defined in paragraphs (a) and (b) of subdivision five of section
    22  230.34, incest in the first degree as defined in section 255.27,  crimi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01544-02-7
        S. 6633--A                          2
     1  nal  possession  of  a  weapon in the first degree as defined in section
     2  265.04, criminal use of a firearm in the  first  degree  as  defined  in
     3  section  265.09,  criminal  sale  of  a  firearm  in the first degree as
     4  defined in section 265.13, aggravated assault upon a police officer or a
     5  peace  officer  as  defined in section 120.11, gang assault in the first
     6  degree as defined in section 120.07, intimidating a victim or witness in
     7  the first degree as defined in section 215.17, hindering prosecution  of
     8  terrorism  in  the  first  degree as defined in section 490.35, criminal
     9  possession of a chemical weapon  or  biological  weapon  in  the  second
    10  degree  as  defined  in  section  490.40, and criminal use of a chemical
    11  weapon or biological weapon in the third degree as  defined  in  section
    12  490.47.
    13    (b)  Class  C violent felony offenses: an attempt to commit any of the
    14  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    15  vated criminally negligent homicide as defined in section 125.11, aggra-
    16  vated  manslaughter  in  the second degree as defined in section 125.21,
    17  aggravated sexual abuse in the  second  degree  as  defined  in  section
    18  130.67, [assault on a peace officer, police officer, fireman or emergen-
    19  cy  medical services professional as defined in section 120.08,] assault
    20  on a judge as defined in section 120.09,  gang  assault  in  the  second
    21  degree  as  defined in section 120.06, strangulation in the first degree
    22  as defined in section 121.13, burglary in the second degree  as  defined
    23  in  section  140.25,  robbery in the second degree as defined in section
    24  160.10, criminal possession of a weapon in the second degree as  defined
    25  in  section  265.03,  criminal  use of a firearm in the second degree as
    26  defined in section 265.08, criminal sale of  a  firearm  in  the  second
    27  degree as defined in section 265.12, criminal sale of a firearm with the
    28  aid  of  a  minor  as  defined  in  section  265.14, aggravated criminal
    29  possession of a weapon as  defined  in  section  265.19,  soliciting  or
    30  providing support for an act of terrorism in the first degree as defined
    31  in  section  490.15,  hindering  prosecution  of terrorism in the second
    32  degree as defined in section 490.30, and criminal possession of a chemi-
    33  cal weapon or biological weapon  in  the  third  degree  as  defined  in
    34  section 490.37.
    35    §  2.    The  closing paragraph of section 120.08 of the penal law, as
    36  added by chapter 632 of the laws of 1996, is amended to read as follows:
    37    Assault on a peace  officer,  police  officer,  fireman  or  emergency
    38  medical services professional is a class [C] B felony.
    39    §  3.  This  act  shall take effect on the sixtieth day after it shall
    40  have become a law.