S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7163
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 3, 2013
                                      ___________
       Introduced  by  M.  of A. WEPRIN, TITUS -- read once and referred 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 as defined in section 120.08, assault on a judge as
   14  defined in section 120.09, gang assault in the second degree as  defined
   15  in  section  120.06,  strangulation  in  the  first degree as defined in
   16  section 121.13, burglary in the second  degree  as  defined  in  section
   17  140.25, robbery in the second degree as defined in section 160.10, crim-
   18  inal  possession  of a weapon in the second degree as defined in section
   19  265.03, criminal use of a firearm in the second  degree  as  defined  in
   20  section  265.08,  criminal  sale  of  a  firearm in the second degree as
   21  defined in section 265.12, criminal sale of a firearm with the aid of  a
   22  minor  as defined in section 265.14, aggravated criminal possession of a
   23  weapon as defined in section 265.19, soliciting or providing support for
   24  an act of terrorism in the first degree as defined  in  section  490.15,
   25  hindering  prosecution  of  terrorism in the second degree as defined in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10684-02-3
       A. 7163                             2
    1  section 490.30, and criminal possession of a chemical weapon or  biolog-
    2  ical weapon in the third degree as defined in section 490.37.
    3    S  3.  Subdivision 3 of section 120.05 of the penal law, as amended by
    4  chapter 377 of the laws of 2012, is amended to read as follows:
    5    3. With intent to prevent a peace officer, a  police  officer,  regis-
    6  tered nurse, licensed practical nurse, sanitation enforcement agent, New
    7  York  city  sanitation  worker,  a  firefighter, including a firefighter
    8  acting as a paramedic  or  emergency  medical  technician  administering
    9  first  aid  in the course of performance of duty as such firefighter, an
   10  emergency medical service paramedic or emergency medical service techni-
   11  cian, or medical or related personnel in a  hospital  emergency  depart-
   12  ment,  a city marshal, a traffic enforcement officer or traffic enforce-
   13  ment agent, OR A MEMBER OF AN AUXILIARY  POLICE  PROGRAM  ORGANIZED  AND
   14  MAINTAINED  BY  A  STATE  OR  LOCAL POLICE DEPARTMENT, from performing a
   15  lawful duty, by means including  releasing  or  failing  to  control  an
   16  animal  under  circumstances evincing the actor's intent that the animal
   17  obstruct the lawful activity of  such  peace  officer,  police  officer,
   18  registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
   19  agent, New York city sanitation worker, firefighter, paramedic,  techni-
   20  cian,  city  marshal, traffic enforcement officer or traffic enforcement
   21  agent, OR MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes  phys-
   22  ical  injury  to  such  peace officer, police officer, registered nurse,
   23  licensed practical nurse, sanitation enforcement agent,  New  York  city
   24  sanitation  worker,  firefighter,  paramedic,  technician  or medical or
   25  related personnel in a  hospital  emergency  department,  city  marshal,
   26  traffic  enforcement  officer or traffic enforcement agent, OR MEMBER OF
   27  AN AUXILIARY POLICE PROGRAM; or
   28    S 4. Section 120.08 of the penal law, as added by chapter 632  of  the
   29  laws of 1996, is amended to read as follows:
   30  S  120.08 Assault on a peace officer, police officer, [fireman or] FIRE-
   31             FIGHTER, emergency medical services professional,  OR  MEMBER
   32             OF AN AUXILIARY POLICE PROGRAM.
   33    A  person  is  guilty  of  assault on a peace officer, police officer,
   34  [fireman or] FIREFIGHTER, emergency medical  services  professional,  OR
   35  MEMBER  OF  AN  AUXILIARY  POLICE PROGRAM when, with intent to prevent a
   36  peace officer, A police officer, a [fireman]  FIREFIGHTER,  including  a
   37  [fireman] FIREFIGHTER acting as a paramedic or emergency medical techni-
   38  cian  administering  first  aid  in the course of performance of duty as
   39  such [fireman] FIREFIGHTER, [or] an emergency medical service  paramedic
   40  [or], AND emergency medical service technician, OR A MEMBER OF AN AUXIL-
   41  IARY  POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE
   42  DEPARTMENT, from performing a lawful duty,  he  OR  SHE  causes  serious
   43  physical  injury  to such peace officer, police officer, [fireman] FIRE-
   44  FIGHTER, paramedic [or], technician, OR MEMBER OF  AN  AUXILIARY  POLICE
   45  PROGRAM.
   46    Assault  on a peace officer, police officer, [fireman or] FIREFIGHTER,
   47  emergency medical services  professional,  OR  MEMBER  OF  AN  AUXILIARY
   48  POLICE PROGRAM is a class C felony.
   49    S  5.  This  act shall take effect on the ninetieth day after it shall
   50  have become a law.