Bill Text: NY A02313 | 2023-2024 | General Assembly | Introduced

---

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: Strong Partisan Bill (Democrat 60-5)

Status: (Introduced) 2024-01-03 - referred to codes [A02313 Detail]

Download: New_York-2023-A02313-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2313

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. WEPRIN, BURGOS, BENEDETTO, BRABENEC, BRAUNSTEIN,
          AUBRY, COLTON, CRUZ, DARLING, DAVILA, DICKENS, DURSO,  FALL,  GUNTHER,
          HYNDMAN, JEAN-PIERRE, PALMESANO, PHEFFER AMATO, REYES, RIVERA, PAULIN,
          SAYEGH,  SEAWRIGHT,  STIRPE,  VANEL, WILLIAMS, WALKER, WALLACE, STERN,
          EICHENSTEIN, D. ROSENTHAL, OTIS, KIM, LAVINE, ZEBROWSKI, WOERNER,  RA,
          ZINERMAN,  RAJKUMAR,  SILLITTI, BURDICK, JACKSON -- Multi-Sponsored by
          -- M. of A.  COOK, DINOWITZ, HAWLEY, HEVESI,  ROZIC,  THIELE  --  read
          once and referred 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 94 of the  laws  of  2020
     9  and  paragraph  (c)  as  amended by chapter 134 of the laws of 2019, 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00486-01-3
        A. 2313                             2

     1  in  the second degree as defined in section 120.06, strangulation in the
     2  first degree as defined in section 121.13, aggravated  strangulation  as
     3  defined in section 121.13-a, burglary in the second degree as defined in
     4  section  140.25,  robbery  in  the  second  degree as defined in section
     5  160.10, criminal possession of a weapon in the second degree as  defined
     6  in  section  265.03,  criminal  use of a firearm in the second degree as
     7  defined in section 265.08, criminal sale of  a  firearm  in  the  second
     8  degree as defined in section 265.12, criminal sale of a firearm with the
     9  aid  of  a  minor  as  defined  in  section  265.14, aggravated criminal
    10  possession of a weapon as  defined  in  section  265.19,  soliciting  or
    11  providing support for an act of terrorism in the first degree as defined
    12  in  section  490.15,  hindering  prosecution  of terrorism in the second
    13  degree as defined in section 490.30, and criminal possession of a chemi-
    14  cal weapon or biological weapon  in  the  third  degree  as  defined  in
    15  section 490.37.
    16    (c)  Class  D violent felony offenses: an attempt to commit any of the
    17  class C felonies set forth in paragraph (b); reckless assault of a child
    18  as defined in section 120.02, assault in the second degree as defined in
    19  section 120.05, menacing a police officer or peace officer as defined in
    20  section 120.18, menacing an on-duty auxiliary police officer as  defined
    21  in  section 120.19, stalking in the first degree, as defined in subdivi-
    22  sion one of section  120.60,  strangulation  in  the  second  degree  as
    23  defined  in  section  121.12,  rape  in  the second degree as defined in
    24  section 130.30, criminal sexual act in the second degree as  defined  in
    25  section  130.45,  sexual abuse in the first degree as defined in section
    26  130.65, course of sexual conduct against a child in the second degree as
    27  defined in section 130.80, aggravated sexual abuse in the  third  degree
    28  as  defined  in  section  130.66,  facilitating  a  sex  offense  with a
    29  controlled substance as defined in section 130.90, labor trafficking  as
    30  defined  in  paragraphs  (a)  and  (b)  of  subdivision three of section
    31  135.35, criminal possession of a weapon in the third degree  as  defined
    32  in  subdivision  five, six, seven, eight, nine or ten of section 265.02,
    33  criminal sale of a firearm in the third degree  as  defined  in  section
    34  265.11, intimidating a victim or witness in the second degree as defined
    35  in section 215.16, soliciting or providing support for an act of terror-
    36  ism  in  the  second  degree  as defined in section 490.10, and making a
    37  terroristic threat as defined in section 490.20,  falsely  reporting  an
    38  incident  in  the  first  degree as defined in section 240.60, placing a
    39  false bomb or hazardous substance in the  first  degree  as  defined  in
    40  section  240.62, placing a false bomb or hazardous substance in a sports
    41  stadium or arena, mass transportation facility or enclosed shopping mall
    42  as defined in section 240.63, aggravated unpermitted use of indoor pyro-
    43  technics in the first degree as defined in section 405.18, and  criminal
    44  manufacture,  sale,  or  transport  of an undetectable firearm, rifle or
    45  shotgun as defined in section 265.50.
    46    § 3. Section 120.05 of the penal law is amended by adding a new subdi-
    47  vision 10-a to read as follows:
    48    10-a. With the intent to prevent an on-duty auxiliary  police  officer
    49  from  performing  a lawful duty, by means including releasing or failing
    50  to control an animal under circumstances  evincing  the  actor's  intent
    51  that  the  animal obstruct the lawful activity of such on-duty auxiliary
    52  police officer, he or she causes physical injury to such on-duty  auxil-
    53  iary police officer.
    54    § 4. The penal law is amended by adding a new section 120.08-a to read
    55  as follows:
    56  § 120.08-a Assault on an on-duty auxiliary police officer.
        A. 2313                             3

     1    A  person  is guilty of assault on an on-duty auxiliary police officer
     2  when, with intent to prevent an on-duty auxiliary  police  officer  from
     3  performing  a  lawful  duty, he or she causes serious physical injury to
     4  such an on-duty auxiliary police officer.
     5    Assault on an on-duty auxiliary police officer is a class C felony.
     6    § 5. Section 120.13 of the penal law, as amended by chapter 765 of the
     7  laws of 2005, is amended to read as follows:
     8  § 120.13 Menacing in the first degree.
     9    A  person  is  guilty  of  menacing in the first degree when he or she
    10  commits the crime of menacing in the second degree and has  been  previ-
    11  ously  convicted  of  the  crime of menacing in the second degree or the
    12  crime of menacing a police officer or peace officer,  or  the  crime  of
    13  menacing  an  on-duty  auxiliary police officer within the preceding ten
    14  years.
    15    Menacing in the first degree is a class E felony.
    16    § 6. The penal law is amended by adding a new section 120.19  to  read
    17  as follows:
    18  § 120.19 Menacing an on-duty auxiliary police officer.
    19    A  person  is  guilty  of menacing an on-duty auxiliary police officer
    20  when he or she intentionally places or  attempts  to  place  an  on-duty
    21  auxiliary  police officer in reasonable fear of physical injury, serious
    22  physical injury or death by displaying a deadly weapon,  knife,  pistol,
    23  revolver, rifle, shotgun, machine gun or other firearm, whether operable
    24  or  not,  where  such officer was in the course of performing his or her
    25  official duties and the defendant knew or reasonably should  have  known
    26  that such victim was an on-duty auxiliary police officer.
    27    Menacing an on-duty auxiliary police officer is a class D felony.
    28    §  7.  The penal law is amended by adding a new section 195.09 to read
    29  as follows:
    30  § 195.09 Obstructing the duties of an on-duty auxiliary  police  officer
    31             by means of a self-defense spray device.
    32    A  person  is guilty of obstructing the duties of an on-duty auxiliary
    33  police officer by means of a self-defense spray device  when,  with  the
    34  intent  to prevent an on-duty auxiliary police officer from performing a
    35  lawful duty, he or  she  causes  temporary  physical  impairment  to  an
    36  on-duty auxiliary police officer by intentionally discharging a self-de-
    37  fense spray device, as defined in paragraph fourteen of subdivision a of
    38  section  265.20  of  this  part, thereby causing such temporary physical
    39  impairment.
    40    Obstructing the duties of an on-duty auxiliary police officer by means
    41  of a self-defense spray device is a class D felony.
    42    § 8. This act shall take effect on the first of November next succeed-
    43  ing the date on which it shall have become a law.