S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1635
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M. of A. PRETLOW, MAYER -- read once and referred to the
   Committee 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  amended by chapter 1 of the laws of 2013, 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) of this subdivision; aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated 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]  FIRE-
 FIGHTER,  emergency  medical  services professional, TRAFFIC ENFORCEMENT
 AGENT OR CITY MARSHAL as defined in section 120.08, assault on  a  judge
 as  defined  in  section  120.09,  gang  assault in the second degree as
 defined in section 120.06, strangulation in the first degree as  defined
 in  section  121.13, burglary in the second degree as defined in section
 140.25, robbery in the second degree as defined in section 160.10, crim-
 inal 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, aggravated criminal possession of  a
 weapon as defined in section 265.19, 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 biolog-
 ical weapon in the third degree as defined in section 490.37.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05056-01-7

 A. 1635                             2
 
   § 2. Section 120.08 of the penal law, as added by chapter 632  of  the
 laws of 1996, is amended to read as follows:
 §  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.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.