Protects members of auxiliary police programs, traffic enforcement agent or public officer or public employee performing school safety or security duties

This bill also would make the following technical amendments: (1) an amendment to Penal Law § 120.05(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 Marshalik 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.6793 of 2009

Fiscal implications

None.

Effective date

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