S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    374
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. ADDABBO, GOUNARDES, JACKSON, KAMINSKY, MAY, SAVINO,
   STAVISKY, THOMAS -- 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 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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04132-01-1

 S. 374                              2
 
 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.
   § 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.

 S. 374                              3
 
   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.