NY State Senate Bill 2015-S67

Senate Bill S67

2015-2016 Legislative Session

Categorizes members of an auxiliary police program organized and maintained by a state or local police department with police officers and peace officers for purposes of certain felony classifications

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 07, 2015	referred to codes

2015-S67 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§125.11, 125.21, 125.22, 125.26 & 125.27, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S6822

2015-S67 (ACTIVE) - Summary

2015-S67 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S67

 TITLE OF BILL :  An act to amend the penal law, in relation to
categorizing members of an auxiliary police program organized and
maintained by a state or local police department with police officers
and peace officers for purposes of certain felony classifications

 SUMMARY OF PROVISIONS :

Section 1 of the bill states that this act shall be known as the
"Auxiliary Police Officers Yevgeniy Marshalik and Nicholas Pekearo
Memorial Act."

Section 2 of the bill adds members of auxiliary police programs to
Section 125.11 of the Penal Law (Aggravated Criminally Negligent
Homicide).

Section 3 of the bill adds members of auxiliary police programs to
Section 125.21 of the Penal Law (Aggravated Manslaughter in the Second
Degree).

Section 4 of the bill adds members of auxiliary police programs to
Section 125.22 of the Penal Law (Aggravated Manslaughter in the First
Degree).

Section 5 of the bill adds members of auxiliary police programs to

Section 125.26 of the Penal Law (Aggravated Murder).

Section 6 of the bill adds members of auxiliary police programs to
Section 125.27 of the Penal Law (Murder in the First Degree).

Section 7 of the bill states that the bill shall take effect on
November 1.

 JUSTIFICATION : Auxiliary police officers provide a much-needed
service to New York State. Although auxiliary police officers do not
engage in preemptive enforcement action, they do patrol in uniform on
the streets of New York and are a vital part of the law enforcement
system in communities across the state.

On Friday, March 16th, 2007, auxiliary police officers Yevgeniy
Marshalik and Nicholas Pekearo were shot and killed while on patrol in
New York City's West Village. Though the man who shot the officers was
subsequently killed in a firefight with police officers, if his case
had gone to trial he would have likely been charged with lesser crimes
for the murder of auxiliary police officers Marshalik and Pekearo than
he would have for killing a police officer.

Auxiliary police officers are unpaid volunteers who courageously
devote their time to ensuring the safety of the citizens of New York,
sometimes putting themselves in harm's way to do so. Therefore, it is
crucial that we recognize the civically-minded sacrifices they make
and strengthen the penalties for anyone who kills them while in the
line of duty.

This bill, the Auxiliary Police Officers Yevgeniy Marshalik and
Nicholas Pekearo Memorial Act, would remedy the inequity under current
law and provide a stronger deterrent to discourage violence against
auxiliary police officers in the future.

 PRIOR LEGISLATIVE HISTORY :  S.6822 of 2014 (Hoylman): Died in Codes
A.9139 of 2014 (Sepulveda): Died in Codes

 FISCAL IMPLICATIONS : None


 EFFECTIVE DATE : This act shall take effect on the first of November
next succeeding the date upon which it shall have become a law.

2015-S67 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   67

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 categorizing members of an
  auxiliary police program organized and maintained by a state or  local
  police department with police officers and peace officers for purposes
  of certain felony classifications

  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 Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act".
  S  2.  Section 125.11 of the penal law, as added by chapter 765 of the
laws of 2005, is amended to read as follows:
S 125.11 Aggravated criminally negligent homicide.
  A person is guilty of aggravated criminally negligent  homicide  when,
with criminal negligence, he or she causes the death of a police officer
[or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
AND  MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such officer
OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or  reasonably  should
have  known  that  such  victim was a police officer or peace officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM.
  Aggravated criminally negligent homicide is a class C felony.
  S 3. Section 125.21 of the penal law, as added by chapter 765  of  the
laws of 2005, is amended to read as follows:
S 125.21 Aggravated manslaughter in the second degree.
  A  person  is  guilty  of aggravated manslaughter in the second degree
when he or she recklessly causes the death of  a  police  officer  [or],
peace  officer  OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND
MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such  officer  OR
MEMBER  OF  AN  AUXILIARY POLICE PROGRAM was in the course of performing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01878-02-5

S. 67                               2

his or her official duties and the defendant knew or  reasonably  should
have  known  that  such  victim was a police officer or peace officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM.
  Aggravated manslaughter in the second degree is a class C felony.
  S  4.  Section 125.22 of the penal law, as added by chapter 765 of the
laws of 2005, is amended to read as follows:
S 125.22 Aggravated manslaughter in the first degree.
  A person is guilty of aggravated  manslaughter  in  the  first  degree
when:
  1.  with  intent  to cause serious physical injury to a police officer
[or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer
OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or  reasonably  should
have  known  that such victim was a police officer [or], a peace officer
OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes  the  death
of  such  officer  OR  MEMBER  OF AN AUXILIARY POLICE PROGRAM or another
police officer or peace officer OR  A  MEMBER  OF  AN  AUXILIARY  POLICE
PROGRAM; or
  2.  with  intent  to  cause  the death of a police officer [or], peace
officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED  AND  MAIN-
TAINED  BY  A  STATE  OR  LOCAL POLICE DEPARTMENT, where such officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM was in the  course  of  performing
his  or  her official duties and the defendant knew or reasonably should
have known that such victim was a police officer [or], A  peace  officer
OR  A  MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death
of such officer, MEMBER OF AN AUXILIARY POLICE PROGRAM or another police
officer or peace officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM  under
circumstances  which  do  not  constitute  murder because he or she acts
under the influence of extreme  emotional  disturbance,  as  defined  in
paragraph  (a) of subdivision one of section 125.25. The fact that homi-
cide was committed under the influence of extreme emotional  disturbance
constitutes  a  mitigating  circumstance  reducing  murder to aggravated
manslaughter in the first degree or manslaughter in the first degree and
need not be proved in any prosecution initiated under this subdivision.
  Aggravated manslaughter in the first degree is a class B felony.
  S 5. Paragraph (a) of subdivision 1 of section 125.26 of the penal law
is amended by adding a new subparagraph (ii-b) to read as follows:
  (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT  WHO  WAS
AT  THE  TIME  OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR
HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR  REASONABLY  SHOULD  HAVE
KNOWN  THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE
PROGRAM; OR
  S 6. Paragraph (a) of subdivision 1 of section 125.27 of the penal law
is amended by adding a new subparagraph (ii-b) to read as follows:
  (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT  WHO  WAS
AT  THE  TIME  OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR
HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR  REASONABLY  SHOULD  HAVE
KNOWN  THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE
PROGRAM; OR
  S 7. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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