STATE OF NEW YORK
        ________________________________________________________________________
                                         1846--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2017
                                       ___________
        Introduced  by  M.  of  A. HARRIS, SKOUFIS, COLTON, THIELE, MOYA, ORTIZ,
          D'URSO, JONES, JENNE, VANEL, DICKENS, HOOPER, M. G. MILLER, LUPINACCI,
          PALUMBO, McLAUGHLIN, RA, RAIA, MURRAY, McDONOUGH, MONTESANO,  OAKS  --
          Multi-Sponsored  by -- M. of A. COOK, GIGLIO, HAWLEY, LOPEZ, McKEVITT,
          MOSLEY -- read once and referred to the Committee on Codes --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted 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,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01544-03-7

        A. 1846--A                          2
     1  robbery  in the first degree as defined in section 160.15, sex traffick-
     2  ing as defined in paragraphs (a) and (b) of subdivision five of  section
     3  230.34,  incest in the first degree as defined in section 255.27, crimi-
     4  nal  possession  of  a  weapon in the first degree as defined in section
     5  265.04, criminal use of a firearm in the  first  degree  as  defined  in
     6  section  265.09,  criminal  sale  of  a  firearm  in the first degree as
     7  defined in section 265.13, aggravated assault upon a police officer or a
     8  peace officer as defined in section 120.11, gang assault  in  the  first
     9  degree as defined in section 120.07, intimidating a victim or witness in
    10  the  first degree as defined in section 215.17, hindering prosecution of
    11  terrorism in the first degree as defined  in  section  490.35,  criminal
    12  possession  of  a  chemical  weapon  or  biological weapon in the second
    13  degree as defined in section 490.40, and  criminal  use  of  a  chemical
    14  weapon  or  biological  weapon in the third degree as defined in section
    15  490.47.
    16    (b) Class C violent felony offenses: an attempt to commit any  of  the
    17  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    18  vated criminally negligent homicide as defined in section 125.11, aggra-
    19  vated manslaughter in the second degree as defined  in  section  125.21,
    20  aggravated  sexual  abuse  in  the  second  degree as defined in section
    21  130.67, [assault on a peace officer, police officer, fireman or emergen-
    22  cy medical services professional as defined in section 120.08,]  assault
    23  on  a  judge  as  defined  in section 120.09, gang assault in the second
    24  degree as defined in section 120.06, strangulation in the  first  degree
    25  as  defined  in section 121.13, burglary in the second degree as defined
    26  in section 140.25, robbery in the second degree as  defined  in  section
    27  160.10,  criminal possession of a weapon in the second degree as defined
    28  in section 265.03, criminal use of a firearm in  the  second  degree  as
    29  defined  in  section  265.08,  criminal  sale of a firearm in the second
    30  degree as defined in section 265.12, criminal sale of a firearm with the
    31  aid of a  minor  as  defined  in  section  265.14,  aggravated  criminal
    32  possession  of  a  weapon  as  defined  in section 265.19, soliciting or
    33  providing support for an act of terrorism in the first degree as defined
    34  in section 490.15, hindering prosecution  of  terrorism  in  the  second
    35  degree as defined in section 490.30, and criminal possession of a chemi-
    36  cal  weapon  or  biological  weapon  in  the  third degree as defined in
    37  section 490.37.
    38    § 2.  The closing paragraph of section 120.08 of  the  penal  law,  as
    39  added by chapter 632 of the laws of 1996, is amended to read as follows:
    40    Assault  on  a  peace  officer,  police  officer, fireman or emergency
    41  medical services professional is a class [C] B felony.
    42    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    43  have become a law.