NY State Senate Bill 2019-S1999

Senate Bill S1999

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 18, 2019	referred to codes

2019-S1999 (ACTIVE) - Details

See Assembly Version of this Bill:: A4322
Current Committee:: Senate Codes
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
2017-2018: S5098, A8446

2019-S1999 (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.

2019-S1999 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1999

SPONSOR: HOYLMAN
 
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 "Auxil-
iary 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 Profes-
sional, 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 paragraphi(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 Marsha-
lik 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:

S.5098 of 2017-2018 (Hoylman): Died in Codes (2017)/Died in 3rd Reading
Calendar (2017)/Died in Rules (2017)/Passed Codes (2018)/Died in 3rd
Reading Calendar (2018)

A.8446 of 2017-2018 (Weprin): Died in Codes

S.3869-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.

2019-S1999 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1999
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 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  476 of the laws of 2018, 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, firefighter or emer-
 gency medical services professional as defined  in  section  120.08,  OR
 MEMBER OF AN AUXILIARY POLICE PROGRAM, WHILE ON DUTY, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07658-01-9

 S. 1999                             2
 
 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.
   §  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 amended by chapter 476 of the
 laws of 2018, is amended to read as follows:
 § 120.08 Assault on a peace officer, police officer,  firefighter  [or],
            emergency medical services professional, OR ON-DUTY MEMBER OF
            AN AUXILIARY POLICE PROGRAM.
   A person is guilty of assault on a peace officer, OR ON-DUTY MEMBER OF
 AN AUXILIARY POLICE PROGRAM, police officer, firefighter [or], emergency
 medical services professional when, with intent to prevent a peace offi-
 cer,  police officer, a firefighter, including a firefighter acting as a
 paramedic or emergency medical technician administering first aid in the
 course of performance of duty  as  such  firefighter,  or  an  emergency
 medical  service paramedic or emergency medical service technician, OR A
 MEMBER OF AN AUXILIARY POLICE PROGRAM  ORGANIZED  AND  MAINTAINED  BY  A

 S. 1999                             3
 
 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,
 firefighter,  paramedic [or], technician, OR ON-DUTY MEMBER OF AN AUXIL-
 IARY POLICE PROGRAM.
   Assault on a peace officer, police officer, firefighter [or], emergen-
 cy medical services professional, OR  ON-DUTY  MEMBER  OF  AN  AUXILIARY
 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
 of such officer, MEMBER OF AN AUXILIARY POLICE PROGRAM or another police
 officer  or peace officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM under

 S. 1999                             4
 
 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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