S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6328
                                   I N  S E N A T E
                                   January 14, 2014
                                      ___________
       Introduced  by  Sen. MAZIARZ -- 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 assault on a member of  an
         auxiliary police program
         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 officer protection act".
    3    S 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
   21  second  degree  as defined in section 265.12, criminal sale of a firearm
   22  with the aid of a minor as defined in section 265.14, aggravated  crimi-
   23  nal  possession  of a weapon as defined in section 265.19, soliciting or
   24  providing support for an act of terrorism in the first degree as defined
   25  in section 490.15, hindering prosecution  of  terrorism  in  the  second
   26  degree as defined in section 490.30, and criminal possession of a chemi-
   27  cal  weapon  or  biological  weapon  in  the  third degree as defined in
   28  section 490.37.
   29    S 3. Subdivision 3 of section 120.05 of the penal law, as  amended  by
   30  chapter 259 of the laws of 2013, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10684-07-4
       S. 6328                             2
    1    3.  With intent to prevent a peace officer, a police officer, prosecu-
    2  tor as defined in subdivision thirty-one of section 1.20 of the criminal
    3  procedure law, registered nurse, licensed  practical  nurse,  sanitation
    4  enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
    5  including a firefighter acting as a paramedic or emergency medical tech-
    6  nician  administering  first aid in the course of performance of duty as
    7  such firefighter, an emergency medical service  paramedic  or  emergency
    8  medical  service technician, or medical or related personnel in a hospi-
    9  tal emergency department, a city marshal, a traffic enforcement  officer
   10  or traffic enforcement agent, OR A MEMBER OF AN AUXILIARY POLICE PROGRAM
   11  ORGANIZED  AND  MAINTAINED  BY  A STATE OR LOCAL POLICE DEPARTMENT WHILE
   12  PERFORMING HIS OR HER DUTIES AS  SUCH  AUXILIARY  POLICE  OFFICER,  from
   13  performing  a  lawful  duty,  by means including releasing or failing to
   14  control an animal under circumstances evincing the actor's  intent  that
   15  the  animal  obstruct  the lawful activity of such peace officer, police
   16  officer, prosecutor as defined in subdivision thirty-one of section 1.20
   17  of the criminal procedure  law,  registered  nurse,  licensed  practical
   18  nurse,  sanitation  enforcement  agent, New York city sanitation worker,
   19  firefighter, paramedic, technician, city  marshal,  traffic  enforcement
   20  officer  or  traffic enforcement agent, OR MEMBER OF AN AUXILIARY POLICE
   21  PROGRAM, he or she causes physical injury to such peace officer,  police
   22  officer, prosecutor as defined in subdivision thirty-one of section 1.20
   23  of  the  criminal  procedure  law,  registered nurse, licensed practical
   24  nurse, sanitation enforcement agent, New York  city  sanitation  worker,
   25  firefighter,  paramedic, technician or medical or related personnel in a
   26  hospital emergency department, city marshal, traffic enforcement officer
   27  or traffic enforcement agent, OR ON-DUTY MEMBER OF AN  AUXILIARY  POLICE
   28  PROGRAM; or
   29    S  4.  Section 120.08 of the penal law, as added by chapter 632 of the
   30  laws of 1996, is amended to read as follows:
   31  S 120.08 Assault on a peace officer, police officer, [fireman or]  FIRE-
   32             FIGHTER,  emergency medical services professional, OR ON-DUTY
   33             MEMBER OF AN AUXILIARY POLICE PROGRAM.
   34    A person is guilty of assault on  a  peace  officer,  police  officer,
   35  [fireman  or]  FIREFIGHTER,  emergency medical services professional, OR
   36  ON-DUTY MEMBER OF AN AUXILIARY  POLICE  PROGRAM  when,  with  intent  to
   37  prevent  a  peace  officer,  A  police officer, a [fireman] FIREFIGHTER,
   38  including a [fireman] FIREFIGHTER acting as  a  paramedic  or  emergency
   39  medical  technician administering first aid in the course of performance
   40  of duty as such [fireman] FIREFIGHTER, [or] an emergency medical service
   41  paramedic [or], AN emergency medical service technician, OR A MEMBER  OF
   42  AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL
   43  POLICE  DEPARTMENT  WHILE PERFORMING HIS OR HER DUTIES AS SUCH AUXILIARY
   44  POLICE OFFICER, from performing a lawful duty, he OR SHE causes  serious
   45  physical  injury  to such peace officer, police officer, [fireman] FIRE-
   46  FIGHTER, paramedic [or], technician, OR ON-DUTY MEMBER OF  AN  AUXILIARY
   47  POLICE PROGRAM.
   48    Assault  on a peace officer, police officer, [fireman or] FIREFIGHTER,
   49  emergency medical services professional, OR ON-DUTY MEMBER OF AN  AUXIL-
   50  IARY POLICE PROGRAM is a class C felony.
   51    S  5.  This  act shall take effect on the ninetieth day after it shall
   52  have become a law provided that if the provisions of chapter 259 of  the
   53  laws of 2013 shall not have become a law on or before such date then the
   54  provisions  of  section  three of this act shall take effect on the same
   55  date and same manner as chapter 259 of the laws of 2013 takes effect.