S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6997
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN, BURGOS, BENEDETTO, ABBATE, BARNWELL,
   BRABENEC, BRAUNSTEIN, AUBRY, COLTON, CRUZ,  CUSICK,  DARLING,  DAVILA,
   DE LA ROSA,  DICKENS,  DURSO,  ENGLEBRIGHT,  FERNANDEZ, FRONTUS, FALL,
   GRIFFIN, GUNTHER, GOTTFRIED, HYNDMAN,  JEAN-PIERRE,  NIOU,  PALMESANO,
   PHEFFER AMATO,  PICHARDO,  QUART,  REYES,  J. RIVERA,  PAULIN, SAYEGH,
   SEAWRIGHT, STIRPE, VANEL, WILLIAMS, WALKER,  WALLACE,  STERN,  EICHEN-
   STEIN,  McDONALD,  MONTESANO,  D. ROSENTHAL, OTIS, KIM, LAVINE, RODRI-
   GUEZ, ZEBROWSKI, WOERNER, RA -- Multi-Sponsored by -- M. of  A.  COOK,
   CYMBROWITZ,  DINOWITZ,  GALEF,  HAWLEY, HEVESI, NOLAN, PERRY, ROZIC --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to on duty  auxiliary  police
   officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10.00 of the penal law is amended by adding  a  new
 subdivision 22 to read as follows:
   22.  "ON-DUTY AUXILIARY POLICE OFFICER" MEANS A MEMBER OF AN AUXILIARY
 POLICE PROGRAM THAT IS ORGANIZED AND MAINTAINED  BY  A  STATE  OR  LOCAL
 POLICE  DEPARTMENT  WHO  IS ACTING AS AN AUXILIARY POLICE OFFICER AT THE
 TIME OF THE ACT OR OMISSION.
   § 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
 penal  law,  paragraph  (b) as amended by chapter 94 of the laws of 2020
 and paragraph (c) as amended by chapter 134 of the  laws  of  2019,  are
 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,

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

                                                            LBD04132-01-1

 A. 6997                             2
 
 ASSUALT ON AN ON-DUTY AUXILIARY POLICE OFFICER  AS  DEFINED  IN  SECTION
 120.08-A,  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, aggravated strangulation as
 defined in section 121.13-a, 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  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 chemi-
 cal  weapon  or  biological  weapon  in  the  third degree as defined in
 section 490.37.
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, MENACING AN ON-DUTY AUXILIARY POLICE OFFICER AS DEFINED
 IN SECTION 120.19, stalking in the first degree, as defined in  subdivi-
 sion  one  of  section  120.60,  strangulation  in  the second degree as
 defined in section 121.12, rape in  the  second  degree  as  defined  in
 section  130.30,  criminal sexual act in the second degree as defined in
 section 130.45, sexual abuse in the first degree as defined  in  section
 130.65, course of sexual conduct against a child in the second degree as
 defined  in  section 130.80, aggravated sexual abuse in the third degree
 as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
 controlled  substance as defined in section 130.90, labor trafficking as
 defined in paragraphs (a)  and  (b)  of  subdivision  three  of  section
 135.35,  criminal  possession of a weapon in the third degree as defined
 in subdivision five, six, seven, eight, nine or ten of  section  265.02,
 criminal  sale  of  a  firearm in the third degree as defined in section
 265.11, intimidating a victim or witness in the second degree as defined
 in section 215.16, soliciting or providing support for an act of terror-
 ism in the second degree as defined in  section  490.10,  and  making  a
 terroristic  threat  as  defined in section 490.20, falsely reporting an
 incident in the first degree as defined in  section  240.60,  placing  a
 false  bomb  or  hazardous  substance  in the first degree as defined in
 section 240.62, placing a false bomb or hazardous substance in a  sports
 stadium or arena, mass transportation facility or enclosed shopping mall
 as defined in section 240.63, aggravated unpermitted use of indoor pyro-
 technics  in the first degree as defined in section 405.18, and criminal
 manufacture, sale, or transport of an  undetectable  firearm,  rifle  or
 shotgun as defined in section 265.50.
   § 3. Section 120.05 of the penal law is amended by adding a new subdi-
 vision 10-a to read as follows:
   10-A.  WITH  THE INTENT TO PREVENT AN ON-DUTY AUXILIARY POLICE OFFICER
 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  ON-DUTY  AUXILIARY
 POLICE  OFFICER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH ON-DUTY AUXIL-
 IARY POLICE OFFICER.

 A. 6997                             3

   § 4. The penal law is amended by adding a new section 120.08-a to read
 as follows:
 § 120.08-A ASSAULT ON AN ON-DUTY AUXILIARY POLICE OFFICER.
   A  PERSON  IS GUILTY OF ASSAULT ON AN ON-DUTY AUXILIARY POLICE OFFICER
 WHEN, WITH INTENT TO PREVENT AN ON-DUTY AUXILIARY  POLICE  OFFICER  FROM
 PERFORMING  A  LAWFUL  DUTY, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY TO
 SUCH AN ON-DUTY AUXILIARY POLICE OFFICER.
   ASSAULT ON AN ON-DUTY AUXILIARY POLICE OFFICER IS A CLASS C FELONY.
   § 5. Section 120.13 of the penal law, as amended by chapter 765 of the
 laws of 2005, is amended to read as follows:
 § 120.13 Menacing in the first degree.
   A person is guilty of menacing in the first  degree  when  he  or  she
 commits  the  crime of menacing in the second degree and has been previ-
 ously convicted of the crime of menacing in the  second  degree  or  the
 crime  of  menacing  a  police officer or peace officer, OR THE CRIME OF
 MENACING AN ON-DUTY AUXILIARY POLICE OFFICER within  the  preceding  ten
 years.
   Menacing in the first degree is a class E felony.
   §  6.  The penal law is amended by adding a new section 120.19 to read
 as follows:
 § 120.19 MENACING AN ON-DUTY AUXILIARY POLICE OFFICER.
   A PERSON IS GUILTY OF MENACING AN  ON-DUTY  AUXILIARY  POLICE  OFFICER
 WHEN  HE  OR  SHE  INTENTIONALLY  PLACES OR ATTEMPTS TO PLACE AN ON-DUTY
 AUXILIARY POLICE OFFICER IN REASONABLE FEAR OF PHYSICAL INJURY,  SERIOUS
 PHYSICAL  INJURY  OR DEATH BY DISPLAYING A DEADLY WEAPON, KNIFE, PISTOL,
 REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM, WHETHER OPERABLE
 OR NOT, WHERE SUCH OFFICER WAS IN THE COURSE OF PERFORMING  HIS  OR  HER
 OFFICIAL  DUTIES  AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN
 THAT SUCH VICTIM WAS AN ON-DUTY AUXILIARY POLICE OFFICER.
   MENACING AN ON-DUTY AUXILIARY POLICE OFFICER IS A CLASS D FELONY.
   § 7. The penal law is amended by adding a new section 195.09  to  read
 as follows:
 § 195.09 OBSTRUCTING  THE  DUTIES OF AN ON-DUTY AUXILIARY POLICE OFFICER
            BY MEANS OF A SELF-DEFENSE SPRAY DEVICE.
   A PERSON IS GUILTY OF OBSTRUCTING THE DUTIES OF AN  ON-DUTY  AUXILIARY
 POLICE  OFFICER  BY  MEANS OF A SELF-DEFENSE SPRAY DEVICE WHEN, WITH THE
 INTENT TO PREVENT AN ON-DUTY AUXILIARY POLICE OFFICER FROM PERFORMING  A
 LAWFUL  DUTY,  HE  OR  SHE  CAUSES  TEMPORARY  PHYSICAL IMPAIRMENT TO AN
 ON-DUTY AUXILIARY POLICE OFFICER BY INTENTIONALLY DISCHARGING A SELF-DE-
 FENSE SPRAY DEVICE, AS DEFINED IN PARAGRAPH FOURTEEN OF SUBDIVISION A OF
 SECTION 265.20 OF THIS CHAPTER, THEREBY CAUSING SUCH TEMPORARY  PHYSICAL
 IMPAIRMENT.
   OBSTRUCTING THE DUTIES OF AN ON-DUTY AUXILIARY POLICE OFFICER BY MEANS
 OF A SELF-DEFENSE SPRAY DEVICE IS A CLASS D FELONY.
   § 8. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.