S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5544
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by M. of A. SMITH -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to assault on a member of  an
   auxiliary police program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 3 and 10 of section 120.05 of the  penal  law,
 subdivision 3 as amended by chapter 267 of the laws of 2016, subdivision
 10 as amended by chapter 268 of the laws of 2016, are amended to read as
 follows:
   3.  With intent to prevent a peace officer, a police officer, A MEMBER
 OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY  A  STATE  OR
 LOCAL  POLICE DEPARTMENT OR SHERIFF'S DEPARTMENT WHILE PERFORMING HIS OR
 HER DUTIES AS SUCH AUXILIARY 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 worker, 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,  an
 emergency medical service paramedic or emergency medical service techni-
 cian,  or  medical  or related personnel in a hospital emergency depart-
 ment, 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 or employee of any entity
 governed by the public service law in the course of performing an essen-
 tial service, from performing a lawful duty, by means including  releas-
 ing  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, ON-DUTY AUXILIARY POLICE OFFICER, prose-
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01037-01-3
              

 A. 5544                             2
 
 nal procedure law, registered nurse, licensed  practical  nurse,  public
 health  sanitarian,  New  York city public health sanitarian, sanitation
 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 or employee of an
 entity  governed  by  the  public service law, he or she causes physical
 injury to such peace officer, police officer, ON-DUTY  AUXILIARY  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  worker,  fire-
 fighter,  paramedic,  technician  or  medical  or related personnel in a
 hospital emergency department,  city  marshal,  school  crossing  guard,
 traffic enforcement officer, traffic enforcement agent or employee of an
 entity governed by the public service law; or
   10.  Acting at a place the person knows, or reasonably should know, is
 on school grounds and with intent to cause physical injury, he or she:
   (a) causes such injury to an employee of a  school  or  public  school
 district  OR  TO  A  SCHOOL SAFETY AGENT EMPLOYED BY A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE; or
   (b) not being a student of such  school  or  public  school  district,
 causes physical injury to another, and such other person is a student of
 such  school  who  is attending or present for educational purposes. For
 purposes of this subdivision the term "school grounds"  shall  have  the
 meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
 chapter; or
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.