S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5841

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal  law,  in  relation  to  assaults  on  traffic
  enforcement agents and city marshals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1  of  section  70.02  of  the
penal  law, as separately amended by chapters 764 and 765 of the laws of
2005, is amended to read as follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B  felonies  set  forth  in  paragraph (a); aggravated criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in the second degree as defined in  section  125.21,  aggravated  sexual
abuse  in  the  second degree as defined in section 130.67, assault on a
peace officer,  police  officer,  [fireman  or]  FIREFIGHTER,  emergency
medical services professional, TRAFFIC ENFORCEMENT AGENT OR CITY MARSHAL
as  defined  in  section  120.08,  gang  assault in the second degree as
defined in section 120.06, burglary in the second degree as  defined  in
section  140.25,  robbery  in  the  second  degree as defined in section
160.10, criminal possession of a weapon in the second degree as  defined
in  section  265.03,  criminal  use of a firearm in the second degree as
defined in section 265.08, criminal sale of  a  firearm  in  the  second
degree as defined in section 265.12, criminal sale of a firearm with the
aid  of  a  minor  as defined in section 265.14, soliciting or providing
support for an act of terrorism  in  the  first  degree  as  defined  in
section  490.15, hindering prosecution of terrorism in the second degree
as defined in section 490.30, and  criminal  possession  of  a  chemical
weapon  or  biological  weapon in the third degree as defined in section
490.37.
  S 2. Section 120.08 of the penal law, as added by chapter 632  of  the
laws of 1996, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07973-01-9
              

A. 5841                             2

S  120.08 Assault on a peace officer, police officer, [fireman or] FIRE-
           FIGHTER, emergency  medical  services  professional,  TRAFFIC
           ENFORCEMENT AGENT OR CITY MARSHAL.
  A  person  is  guilty  of  assault on a peace officer, police officer,
[fireman or] FIREFIGHTER, emergency medical services professional, TRAF-
FIC ENFORCEMENT AGENT OR CITY MARSHAL when, with  intent  to  prevent  a
peace  officer,  A  police officer, a [fireman] FIREFIGHTER, including a
[fireman] FIREFIGHTER acting as a paramedic or emergency medical techni-
cian administering first aid in the course of  performance  of  duty  as
such  [fireman] FIREFIGHTER, [or] an emergency medical service paramedic
[or], AN emergency medical service  technician,  A  TRAFFIC  ENFORCEMENT
AGENT  OR CITY MARSHAL, from performing a lawful duty, he causes serious
physical injury to such peace officer, police officer,  [fireman]  FIRE-
FIGHTER,  paramedic  [or], technician, TRAFFIC ENFORCEMENT AGENT OR CITY
MARSHAL.
  Assault on a peace officer, police officer, [fireman or]  FIREFIGHTER,
emergency  medical  services  professional, TRAFFIC ENFORCEMENT AGENT OR
CITY MARSHAL is a class C felony.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.