BILL NUMBER: S5374
SPONSOR: ASHBY
 
TITLE OF BILL:
An act to amend the penal law, in relation to the classification of
certain crimes relating to assaults on police officers
 
PURPOSE OR GENERAL IDEA OF BILL:
To raise the felony classification for assault on police officers.
 
SUMMARY OF PROVISIONS:
Section 1: Amends provisions of the penal law relating to assault in the
second degree, providing that assault in the second degree - normally a
class D felony - is a class C felony when committed against a police
officer, peace officer, firefighter, or several other types of first
responders.
Section 2: Amends the penal law to provide that assault on a police
officer, firefighter, or EMS professional is a class B felony.
Section 3: Amends the penal law to provide that aggravated assault on a
police officer or peace officer is a class A felony.
Section 4: Establishes the effective date.
 
JUSTIFICATION:
Police officers serve in an admirable but dangerous profession; they put
their lives on the line in order to protect the general public and to
ensure that we live in a safe society. Being a police officer is a
public service, and consequently it is incumbent upon the State of New
York to ensure that these public servants are adequately protected from
violence.
Assault on a police officer is a depraved act, given that these public
servants help ensure that New Yorkers can safely live in a society based
on the rule of law. This bill will ensure that police officers are
protected from violence and that violence against them is adequately
punished in the eyes of the law. This legislation raises the class of
felony for each type of assault against a police officer, which will not
only serve to deter attacks on the police but will also allow for
sentences appropriate of the heinousness of the act.
 
PRIOR LEGISLATIVE HISTORY:
2023-24 -S.4840, referred to Codes
2021-2022 -S.2561 - Codes Committee
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5374: 120.05 penal law, 120.08 penal law, 120.11 penal law