NY State Senate Bill 2017-S5098

Senate Bill S5098

2017-2018 Legislative Session

Relates to categorizing members of an auxiliary police program with police officers and peace officers for purposes of certain felony classifications

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jan 16, 2018	advanced to third reading
Jan 09, 2018	2nd report cal.
Jan 08, 2018	1st report cal.83
Jan 03, 2018	referred to codes
Jun 21, 2017	committed to rules
May 01, 2017	advanced to third reading
Apr 26, 2017	2nd report cal.
Apr 25, 2017	1st report cal.657
Mar 08, 2017	referred to codes

Votes

- Jan 8, 2018 - Codes Committee Vote
  S5098
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 8, 2018
      
      aye (14)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Croci
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
      
      aye wr (2)
      
      Golden
      
      Griffo
  Apr 25, 2017 - Codes Committee Vote
  S5098
  
  13
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 25, 2017
      
      aye (13)
      
      Akshar
      
      Croci
      
      Gallivan
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      nay (1)
      
      Golden
      
      excused (2)
      
      Boyle
      
      Krueger

2017-S5098 (ACTIVE) - Details

See Assembly Version of this Bill:: A8446
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 120.05, 120.08, 125.11, 125.21, 125.22, 125.26 & 125.27, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3869
2019-2020: S1999, A4322

2017-S5098 (ACTIVE) - Summary

Relates to categorizing members of an auxiliary police program organized and maintained by a state or local police department with police officers and peace officers for purposes of certain felony classifications.

2017-S5098 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5098

 TITLE OF BILL :  An act to amend the penal law, in relation to
categorizing members of an auxiliary police program organized and
maintained by a state or local police department with police officers
and peace officers for purposes of certain felony classifications

 SUMMARY OF PROVISIONS :

Section 1 of the bill states that this act shall be known as the
"Auxiliary Police Officers Yevgeniy Marshalik and Nicholas Pekearo
Memorial Act."

Section 2 of the bill amends Section 70.02 of the Penal Law
(Aggravated Criminally Negligent Homicide).

Section 3 of the bill amends Section 120.05 of the Penal Law
(Aggravated Criminally Negligent Homicide).

Section 4 of the bill amends subdivision 3 of section 120.05 of the
penal law as amended by chapter 472 of the laws of 2015.

Section 5 of the bill amends 120.08 of the Penal Law (Assault on a
Peace Officer, Police Officer, Firefighter, Emergency Medical Services
Professional, or On-Duty Member of an Auxiliary Police Program) as
added by chapter 632 of the laws of 1996.

Section 6 of the bill amends Section 125.11 of the Penal Law
(Aggravated Criminally Negligent Homicide).

Section 7 of the bill amends Section 125.21 of the Penal Law
(Aggravated Manslaughter in the Second Degree) as added by chapter 765
of the laws of 2005.

Section 8 of the bill adds amends Section 125.22 of the Penal Law
(Aggravated Manslaughter in the First Degree) as added by chapter 765
by the laws of 2005.

Section 9 of the bill amends Section 125.26 of the Penal Law
(Aggravated Murder) by adding a new subparagraph (ii-b).

Section 10 of the bill adds amends paragraph (a) of subdivision 1 of
section 125.27 of the Penal Law (Murder in the First Degree) by adding
a new subparagraph (ii-b).

Section 11 of the bill is the effective date.

 JUSTIFICATION :

Auxiliary police officers provide a much-needed service to New York
State. Although auxiliary police officers do not engage in preemptive
enforcement action, they do patrol in uniform on the streets of New
York and are a vital part of the law enforcement system in communities
across the state.

On Friday, March 16th, 2007, auxiliary police officers Yevgeniy
Marshalik and Nicholas Pekearo were shot and killed while on patrol in
New York City's West Village. Though the man who shot the officers was
subsequently killed in a firefight with police officers, if his case
had gone to trial he would have likely been charged with lesser crimes
for the murder of auxiliary police officers Marshalik and Pekearo than
he would have for killing a police officer.

Auxiliary police officers are unpaid volunteers who courageously
devote their time to ensuring the safety of the citizens of New York,
sometimes putting themselves in harm's way to do so. Therefore, it is
crucial that we recognize the civically-minded sacrifices they make
and strengthen the penalties for anyone who attacks or kills them
while in the line of duty.

This bill, the Auxiliary Police Officers Yevgeniy Marshalik and
Nicholas Pekearo Memorial Act, would remedy the inequity under current
law and provide a stronger deterrent to discourage violence against
auxiliary police officers in the future.

 PRIOR LEGISLATIVE HISTORY :

S3869-A of 2015-2016 (Hoylman): Died in Codes

 FISCAL IMPLICATIONS :

 None

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which it shall have become a law; provided that section
four of this act shall take effect on the same date and in the same
manner as section one of chapter 472 of the laws of 2015, takes
effect.

2017-S5098 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5098
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to categorizing members of an
   auxiliary police program organized and maintained by a state or  local
   police department with police officers and peace officers for purposes
   of certain felony classifications
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "Auxiliary
 Police Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act".
   § 2. 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, OR MEMBER OF AN AUXIL-
 IARY  POLICE  PROGRAM,  WHILE  ON  DUTY,  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, 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, aggravated  crimi-
 nal  possession  of a weapon as defined in section 265.19, soliciting or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05692-01-7

 S. 5098                             2
 
 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 chemi-
 cal  weapon  or  biological  weapon  in  the  third degree as defined in
 section 490.37.
   § 3. Subdivision 3 of section 120.05 of the penal law, as  amended  by
 chapter 267 of the laws of 2016, is amended to read as follows:
   3.  With intent to prevent a peace officer, a police officer, prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering first aid in the course of performance of duty  as  such  fire-
 fighter,  an  emergency  medical  service paramedic or emergency medical
 service technician, or medical or related personnel in a hospital  emer-
 gency  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, traffic enforcement agent, A MEMBER OF AN
 AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A  STATE  OR  LOCAL
 POLICE  DEPARTMENT  WHILE PERFORMING HIS OR HER DUTIES AS SUCH AUXILIARY
 POLICE OFFICER or employee of any entity governed by the public  service
 law  in the course of performing an essential service, 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,
 prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
 criminal procedure law,  registered  nurse,  licensed  practical  nurse,
 public  health sanitarian, New York city public health sanitarian, sani-
 tation enforcement agent, New York city sanitation worker,  firefighter,
 paramedic,  technician,  city  marshal,  school crossing guard appointed
 pursuant to section two hundred eight-a of the  general  municipal  law,
 traffic  enforcement  officer,  traffic  enforcement agent, MEMBER OF AN
 AUXILIARY POLICE PROGRAM or employee of an entity governed by the public
 service law, he or she causes physical injury  to  such  peace  officer,
 police  officer,  prosecutor  as  defined  in  subdivision thirty-one of
 section 1.20 of the criminal procedure law, registered  nurse,  licensed
 practical  nurse,  public health sanitarian, New York city public health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er, firefighter, paramedic, technician or medical or  related  personnel
 in a hospital emergency department, city marshal, school crossing guard,
 traffic  enforcement  officer, traffic enforcement agent, ON-DUTY MEMBER
 OF AN AUXILIARY POLICE PROGRAM or employee of an entity governed by  the
 public service law; or
   §  4.  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, OR ON-DUTY
            MEMBER OF AN AUXILIARY POLICE PROGRAM.
   A person is guilty of assault on  a  peace  officer,  police  officer,
 [fireman  or]  FIREFIGHTER,  emergency medical services professional, OR
 ON-DUTY MEMBER OF AN AUXILIARY  POLICE  PROGRAM  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  technician administering first aid in the course of performance
 of duty as such [fireman] FIREFIGHTER, [or] an emergency medical service

 S. 5098                             3
 
 paramedic [or], AND emergency medical service technician, OR A MEMBER OF
 AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL
 POLICE DEPARTMENT WHILE PERFORMING HIS OR HER DUTIES AS  SUCH  AUXILIARY
 POLICE  OFFICER, from performing a lawful duty, he OR SHE causes serious
 physical injury to such peace officer, police officer,  [fireman]  FIRE-
 FIGHTER,  paramedic  [or], technician, OR ON-DUTY MEMBER OF AN AUXILIARY
 POLICE PROGRAM.
   Assault on a peace officer, police officer, [fireman or]  FIREFIGHTER,
 emergency  medical services professional, OR ON-DUTY MEMBER OF AN AUXIL-
 IARY POLICE PROGRAM is a class C felony.
   § 5. Section 125.11 of the penal law, as added by chapter 765  of  the
 laws of 2005, is amended to read as follows:
 § 125.11 Aggravated criminally negligent homicide.
   A  person  is guilty of aggravated criminally negligent homicide when,
 with criminal negligence, he or she causes the death of a police officer
 [or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
 AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such  officer
 OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
 his  or  her official duties and the defendant knew or reasonably should
 have known that such victim was a police officer  or  peace  officer  OR
 MEMBER OF AN AUXILIARY POLICE PROGRAM.
   Aggravated criminally negligent homicide is a class C felony.
   §  6.  Section 125.21 of the penal law, as added by chapter 765 of the
 laws of 2005, is amended to read as follows:
 § 125.21 Aggravated manslaughter in the second degree.
   A person is guilty of aggravated manslaughter  in  the  second  degree
 when  he  or  she  recklessly causes the death of a police officer [or],
 peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM  ORGANIZED  AND
 MAINTAINED  BY  A STATE OR LOCAL POLICE DEPARTMENT where such officer OR
 MEMBER OF AN AUXILIARY POLICE PROGRAM was in the  course  of  performing
 his  or  her official duties and the defendant knew or reasonably should
 have known that such victim was a police officer  or  peace  officer  OR
 MEMBER OF AN AUXILIARY POLICE PROGRAM.
   Aggravated manslaughter in the second degree is a class C felony.
   §  7.  Section 125.22 of the penal law, as added by chapter 765 of the
 laws of 2005, is amended to read as follows:
 § 125.22 Aggravated manslaughter in the first degree.
   A person is guilty of aggravated  manslaughter  in  the  first  degree
 when:
   1.  with  intent  to cause serious physical injury to a police officer
 [or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
 AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer
 OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
 his or her official duties and the defendant knew or  reasonably  should
 have  known  that such victim was a police officer [or], a peace officer
 OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes  the  death
 of  such  officer  OR  MEMBER  OF AN AUXILIARY POLICE PROGRAM or another
 police officer or peace officer OR  A  MEMBER  OF  AN  AUXILIARY  POLICE
 PROGRAM; or
   2.  with  intent  to  cause  the death of a police officer [or], peace
 officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED  AND  MAIN-
 TAINED  BY  A  STATE  OR  LOCAL POLICE DEPARTMENT, where such officer OR
 MEMBER OF AN AUXILIARY POLICE PROGRAM was in the  course  of  performing
 his  or  her official duties and the defendant knew or reasonably should
 have known that such victim was a police officer [or], A  peace  officer
 OR  A  MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death

 S. 5098                             4
 
 of such officer, MEMBER OF AN AUXILIARY POLICE PROGRAM or another police
 officer or peace officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM  under
 circumstances  which  do  not  constitute  murder because he or she acts
 under  the  influence  of  extreme  emotional disturbance, as defined in
 paragraph (a) of subdivision one of section 125.25 OF THIS ARTICLE.  The
 fact  that  homicide  was  committed  under  the  influence  of  extreme
 emotional  disturbance  constitutes  a  mitigating circumstance reducing
 murder to aggravated manslaughter in the first degree or manslaughter in
 the first degree and need not be proved  in  any  prosecution  initiated
 under this subdivision.
   Aggravated manslaughter in the first degree is a class B felony.
   § 8. Paragraph (a) of subdivision 1 of section 125.26 of the penal law
 is amended by adding a new subparagraph (ii-b) to read as follows:
   (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
 ORGANIZED  AND  MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS
 AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF  PERFORMING  HIS  OR
 HER  OFFICIAL  DUTIES,  AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE
 KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY  POLICE
 PROGRAM; OR
   § 9. Paragraph (a) of subdivision 1 of section 125.27 of the penal law
 is amended by adding a new subparagraph (ii-b) to read as follows:
   (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
 ORGANIZED  AND  MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS
 AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF  PERFORMING  HIS  OR
 HER  OFFICIAL  DUTIES,  AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE
 KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY  POLICE
 PROGRAM; OR
   §  10.  This  act  shall  take  effect  on  the first of November next
 succeeding the date upon which it shall have become a law.

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