BILL NUMBER: S1190
SPONSOR: ADDABBO
 
TITLE OF BILL:
An act to amend the penal law, in relation to on duty auxiliary police
officers
 
PURPOSE:
To create penal law offenses for criminal conduct directed at on-duty
auxiliary police officers.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends section 10.00 of the Penal Law to add a
new subdivision 22 to provide the definition for "on-duty auxiliary
police officer."
Section 2 of this bill amends paragraphs (b) and (c) of subdivision 1 of
section 70.02 of the Penal Law to provide that assault on an on-duty
auxiliary police officer as defined in section 120.08-a is included in
class C violent felony offenses, and that menacing an on-duty auxiliary
police officer as defined in section 120.19 is included in class D
violent felony offenses.
Section 3 of this bill amends section 120.05 of the Penal Law, and adds
a new subdivision 10-a to 120.05 of the Penal Law. Subdivision 10-a adds
intent to prevent an on-duty auxiliary police officer from performing a
lawful duty to offenses considered to be assault in the second degree.
Section 4 of this bill amends the Penal Law to add a new section
120.08-a to provide for the offense of assault on an on-duty auxiliary
officer. The provision states that 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. The
new provision would classify this offense as a class C felony.
Section 5 of this bill amends section 120.13 of the Penal Law to provide
that menacing an on-duty auxiliary police officer would be classified
under menacing in the first degree.
Section 6 of this bill amends the Penal Law by adding a new section
120.19 to provide for a new offense called "menacing an on-duty auxilia-
ry police officer." This new section states that a person is guilty of
menacing an on-duty auxiliary police officer when he or she inten-
tionally 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 the officer
was in the course of performing his or her official duties and the
defendant knew or reasonably should have known that the victim was an
on-duty auxiliary police officer. This would be a class D felony.
Section 7 of this bill amends the Penal Law by adding a new section'
195.09 to provide for a new offense called "obstructing the duties of an
on-duty auxiliary police officer by means of a self-defense spray
device." This new offense would be a class D felony and provides that a
person is guilty of this offense when with the intent to prevent an
on-duty auxiliary police officer from performing his lawful duty, he or
she causes temporary physical impairment to an on-duty auxiliary police
officer by intentionally discharging a self-defense spray device that
causes temporary physical impairment. The definition of a self-defense
spray device is contained in paragraph 14 of subdivision a of section
265.20 of the Penal Law.
Section 8 of this bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have become
a law.
 
JUSTIFICATION:
There are very few New York State laws that help protect the safety of
auxiliary police officers. Recently, New York City Police Department
Commissioner Bretton called for enhanced protections of police officers,
including on-duty auxiliary police officers. In New York City, auxiliary
police officers generally do not carry firearms, and need further
protection. With the recent vitriol and violence directed at police
officers in communities across the State, it is more important than ever
that enhanced protections are enacted so that all law enforcement offi-
cers are able to carry out their day-to-day duties with as little fear
as possible for their safety.
This bill seeks to enhance the protection afforded to on-duty auxiliary
police officers by establishing new offenses that would punish those who
assault on-duty auxiliary police officers, menace on-duty auxiliary
police officers, or obstruct the duties of an on-duty auxiliary police
officer by means of a self-defense spray device. These new offenses are
similar to Penal Law provisions that are already in place for the
protection of police officers and peace officers.
 
LEGISLATIVE HISTORY:
2019: S.5610 - Referred to Senate Codes Committee
2020: S.5610 - Referred to Senate Codes Committee
2021: S.374 - Referred to Senate Codes Committee
2022: S.374 - Referred to Senate Codes Committee
2023: S.1556 - Referred to Senate Codes Committee
2024: 5.1556 - Referred to Senate Codes Committee
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

Statutes affected:
S1190: 10.00 penal law, 120.05 penal law, 120.13 penal law