Bill S6822-2013

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

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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  • Mar 13, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S6822

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: New Bill

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6822 IN SENATE March 13, 2014 ___________
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 ORGAN- IZED 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 reason- ably 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 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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