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. LBD00486-01-3A. 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.