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

                                  8379

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                           September 11, 2015
                               ___________

Introduced  by  M.  of  A. GRAF, MONTESANO, GIGLIO, LAWRENCE, PALUMBO --
  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:

  Section 1. Subdivisions 3 and 10 of section 120.05 of the  penal  law,
subdivision 3 as amended by chapter 196 of the laws of 2014, subdivision
10  as  added by chapter 181 of the laws of 2000, are amended to read as
follows:
  3. With intent to prevent a peace officer, a police officer, A  MEMBER
OF  AN  AUXILIARY  POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR
LOCAL POLICE DEPARTMENT OR SHERIFF'S DEPARTMENT WHILE PERFORMING HIS  OR
HER  DUTIES  AS  SUCH AUXILIARY POLICE OFFICER, prosecutor as defined in
subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
agent, New York city sanitation worker, a firefighter, including a fire-
fighter acting as a paramedic or emergency medical  technician  adminis-
tering first aid in the course of performance of duty as such firefight-
er,  an emergency medical service paramedic or emergency medical service
technician, or medical or related  personnel  in  a  hospital  emergency
department,  a  city marshal, a school crossing guard appointed pursuant
to section two hundred eight-a of the general municipal law,  a  traffic
enforcement  officer  or  traffic  enforcement  agent, from performing a
lawful duty, by means including  releasing  or  failing  to  control  an
animal  under  circumstances evincing the actor's intent that the animal
obstruct the lawful activity of  such  peace  officer,  police  officer,
ON-DUTY  AUXILIARY  POLICE OFFICER, prosecutor as defined in subdivision
thirty-one of section 1.20 of the  criminal  procedure  law,  registered
nurse,  licensed practical nurse, sanitation enforcement agent, New York
city  sanitation  worker,  firefighter,  paramedic,   technician,   city

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11785-01-5
              

A. 8379                             2

marshal, school crossing guard appointed pursuant to section two hundred
eight-a  of  the  general  municipal law, traffic enforcement officer or
traffic enforcement agent, he or she  causes  physical  injury  to  such
peace  officer, police officer, ON-DUTY AUXILIARY POLICE OFFICER, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal procedure law, registered nurse, licensed practical  nurse,  sanita-
tion  enforcement  agent,  New York city sanitation worker, firefighter,
paramedic, technician or medical or  related  personnel  in  a  hospital
emergency  department,  city  marshal,  school  crossing  guard, traffic
enforcement officer or traffic enforcement agent; or
  10. Acting at a place the person knows, or reasonably should know,  is
on school grounds and with intent to cause physical injury, he or she:
  (a)  causes  such  injury  to an employee of a school or public school
district OR TO A SCHOOL SAFETY AGENT EMPLOYED BY A  CITY  WITH  A  POPU-
LATION OF ONE MILLION OR MORE; or
  (b)  not  being  a  student  of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for  educational  purposes.  For
purposes  of  this  subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen  of  section  220.00  of  this
chapter.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.