BILL NUMBER: S5449
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the penal law, in relation to increasing the penalties
for assault on police officers, peace officers, firefighters and emer-
gency medical technicians
 
PURPOSE OF BILL:
The purpose of this bill is to increase the penalty for criminal acts of
assault on law enforcement officers and emergency first responders.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill would make technical changes to section 120.05 of
the Penal Law.
Section 2 of this bill would amend the Penal Law by adding a new section
120.05-a which creates a new penalty for assault on a police officer
causing physical injury and designates such penalty as a class C felony.
Section 3 of this bill would amend section 120.08 of the Penal Law by
increasing the penalty for assault on a peace officer, police officer,
firefighter or emergency medical services professional from a class C
felony to a class B felony.
Section 4 of this bill would amend section 120.11 of the Penal Law, by
increasing the penalty for an aggravated assault upon a police officer
or a peace officer from a class B felony to a class A felony.
Section 5 of this bill provides that the effective date shall take
effect immediately.
 
JUSTIFICATION:
Members of law enforcement and emergency first responders risk their
lives on a daily basis in service to the State and their communities.
According to a 2019 report by the Federal Bureau of Investigation, the
rate of officer assaults across the country was 11.8 per 100 sworn offi-
cers. The report details that 56,034 police officers, serving more than
219 million people across the country, were assaulted in 2019. These
figures demonstrate the risk that law enforcement and emergency first
responders assume when performing their work.
Criminal acts of assault on members of law enforcement and emergency
first responders threaten public safety by preventing them from respond-
ing to emergencies. Increasing criminal penalties for persons convicted
of assaulting such professionals would deter future occurrences and
ensure that such individuals can be brought to justice. This bill would
enhance public safety by increasing the penalty for criminal acts of
assault on law enforcement officers and emergency first responders.
 
LEGISLATIVE HISTORY:
2024: S6221
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5449: 120.05 penal law, 120.05(3) penal law, 1.20 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 firefighter 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, 1.20(thirty-one) 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 firefighter 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, 120.08 penal law, 120.11 penal law