Bill S4013-2013

Protects members of auxiliary police programs, traffic enforcement agents or public officers or public employees performing school safety or security duties

Establishes the same protection afforded to peace officers, police officers, firefighters, and emergency medical professionals to members of auxiliary police programs, traffic enforcement agents or public officers or public employees performing school safety or security duties.

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  • Mar 4, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S4013

TITLE OF BILL: An act to amend the penal law, in relation to assault on a member of an auxiliary police program, a traffic enforcement agent or a public officer or public employee performing school safety or security duties, and technical corrections relating to assault on a firefighter or related personnel in a hospital emergency department, member of an auxiliary police program, traffic enforcement agent or public officer or public employee performing school safety or security duties

SUMMARY OF PROVISIONS: This act shall be known as and may be cited as the "Auxiliary Police Officer Protection Act."

This bill would amend subdivision 3 of section 120.05 of the Penal Law to make it an assault in the second degree, a class D felony, to injure an auxiliary police officer, traffic enforcement agent (TEA) or school safety personnel with the intent to prevent such auxiliary police officer, TEA or school safety personnel from performing his or her duty. It would further amend section 120.08 of the Penal Law (with a technical amendment to Penal Law § 70.02) to make it a class C felony to seriously injure an auxiliary police officer, a TEA or school safety personnel with the intent to prevent such person from performing his/her duties.

This bill also would make the following technical amendments: (1) an amendment to Penal Law120.05(3) to include "medical or related personnel in a hospital emergency department in the clause relating to the releasing of or failure to control an animal, which was added by a 1998 amendment to section 120.05(3); and (2) amendments to Penal Law §§ 70.02(1) (b), 120.05(3) and 120.08 changing "fireman" to the gender-neutral "firefighter."

REASONS FOR SUPPORT: On March 14, 2007, the lives of two brave young New York City Police Department Auxiliary Police Officers were taken in a murderous rampage. Auxiliary Police Officers Nicholas Pekearo and Eugene Narshalik died heroically, and their efforts probably prevented further death and injury from occurring.

Auxiliary police officers, TEAs, and school safety personnel put their lives on the line for the safety of the public daily. In order to do their jobs effectively, they must be reasonably assured that the law provides a deterrent to those who would commit criminal acts that could result in their death. It is not only the safety of these public servants at stake, but the welfare of our citizenry, since their safety and well-being depends upon the ability of these public servants to perform their duties unfettered by criminal acts of interference.

The Legislature took a monumental step forward when it passed legislation which became Chapter 632 of the Laws of 1996. This law created a new class C felony crime: assault on a peace officer, police officer, fireman or emergency medical services professional. A person is guilty of this crime when he or she causes serious physical injury to a peace officer, police officer, firefighter or emergency medical services professional with intent to prevent such civil servant from

performing a lawful duty. With the enactment of Chapter 632, the Penal Law now provides enhanced assault charges against persons who cause either physical injury or serious physical injury to law enforcement officers and other emergency personnel by criminal acts of interference. This bill takes a logical and necessary step by extending the protection that already exists for police officers, peace officers, firefighters and emergency medical services professionals to auxiliary police officers, TEAs and school safety personnel.

The job of the TEA is to maintain the smooth flow of traffic by issuing summonses to vehicles parked illegally, and where required, by towing these vehicles. In 2006, 47 TEAs in the City of New York were assaulted and 79 were harassed. School safety personnel face similar abuse as they perform the important function of protecting our public schools. In 2006, in New York City alone, 108 school safety agents employed by the New York City Police Department were assaulted by members of the public and 195 were harassed.

The dangers faced by auxiliary police officers are somewhat different since their mission does not include taking the enforcement action that might provoke such a response. However, it is equally vital that they be protected by the changes that this bill offers because of their unique situation. The primary role of auxiliary police officers is to perform uniformed patrol, providing a visible and reassuring presence and assisting the Police Department in not only deterring crime but also reporting crime and quality of life violations when they observe them. They can easily be mistaken for police officers, and they are susceptible to attack while performing their duties, and therefore those who would attack them should receive the same level of penalty as those who would attack police officers.

This bill will send a strong message that those who impede lawful authority will be held liable for the results of their illegal conduct. As law enforcement officers and those who work with them continue to make dramatic breakthroughs in reducing crime, it is important that our laws protect their safety in every possible way. This bill accomplishes that objective.

PRIOR LEGISLATIVE HISTORY:

A.8894 of 2007 A.6973 of 2009; A.6973/S.4576 Held in Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4013 2013-2014 Regular Sessions IN SENATE March 4, 2013 ___________
Introduced by Sen. ADAMS -- 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 assault on a member of an auxiliary police program, a traffic enforcement agent or a public officer or public employee performing school safety or security duties, and technical corrections relating to assault on a firefighter or related personnel in a hospital emergency department, member of an auxiliary police program, traffic enforcement agent or public officer or public employee performing school safety or security duties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "auxiliary police officer protection act". S 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 1 of the laws of 2013, is 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, [fireman or] FIRE- FIGHTER, emergency medical services professional, MEMBER OF AN AUXILIARY POLICE PROGRAM, TRAFFIC ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY DUTIES as defined in section 120.08, 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, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 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 chemical weapon or biological weapon in the third degree as defined in section 490.37. S 3. Subdivision 3 of section 120.05 of the penal law, as amended by chapter 377 of the laws of 2012, is amended to read as follows: 3. With intent to prevent a peace officer, a police officer, regis- tered nurse, licensed practical nurse, 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 traffic enforcement officer or traffic enforce- ment agent, A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, A PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY DUTIES, 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 peace officer, police officer, registered nurse, licensed practical nurse, sanitation enforce- ment agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, traffic enforcement officer or traffic enforcement agent, MEDICAL OR RELATED PERSONNEL IN A HOSPITAL EMERGENCY DEPARTMENT, MEMBER OF AN AUXILIARY POLICE PROGRAM OR PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY DUTIES, he or she causes physical injury to such peace officer, police officer, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer or traffic enforcement agent, MEMBER OF AN AUXILIARY POLICE PROGRAM OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY DUTIES; or S 4. Section 120.08 of the penal law, as added by chapter 632 of the laws of 1996, is amended to read as follows: S 120.08 Assault on a peace officer, police officer, [fireman or] FIRE- FIGHTER, emergency medical services professional, MEMBER OF AN AUXILIARY POLICE PROGRAM, TRAFFIC ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY DUTIES. A person is guilty of assault on a peace officer, police officer, [fireman or] FIREFIGHTER, emergency medical services professional, MEMBER OF AN AUXILIARY POLICE PROGRAM, TRAFFIC ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY DUTIES when, with intent to prevent a peace officer, A police officer, a [fireman] FIREFIGHTER, including a [fireman] FIREFIGHTER acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such [fireman] FIREFIGHTER, [or] an emergency medical service paramedic [or], AND emergency medical service technician, A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAIN- TAINED BY A STATE OR LOCAL POLICE DEPARTMENT, TRAFFIC ENFORCEMENT AGENT
OR A PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECU- RITY DUTIES, from performing a lawful duty, he OR SHE causes serious physical injury to such peace officer, police officer, [fireman] FIRE- FIGHTER, paramedic [or], technician, MEMBER OF AN AUXILIARY POLICE PROGRAM, TRAFFIC ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY DUTIES. Assault on a peace officer, police officer, [fireman or] FIREFIGHTER, emergency medical services professional, MEMBER OF AN AUXILIARY POLICE PROGRAM, TRAFFIC ENFORCEMENT AGENT OR PUBLIC OFFICER OR PUBLIC EMPLOYEE PERFORMING SCHOOL SAFETY OR SECURITY DUTIES is a class C felony. S 5. This act shall take effect on the ninetieth day after it shall have become a law.

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