In relation to on duty auxiliary police officers

Section 2 of this bill amends paragraphs (b) and (c) of subdivision 1 of section 70.02 of the Penal Law to provide that assault on an on-duty auxiliary police officer as defined in section 120.08-a is included in class C violent felony offenses, and that menacing an on-duty auxiliary police officer as defined in section 120.19 is included in class D violent felony offenses.

Section 3 of this bill amends subdivisions 11-b and 12 of section 120.05 of the Penal Law, and adds a new subdivision 13 to 120.05 of the Penal Law. Subdivision 13 adds intent to prevent an on-duty auxiliary police officer from performing a lawful duty to offenses considered to be assault in the second degree.

Section 4 of this bill amends the Penal Law to add a new section 120.08-a to provide for the offense of assault on an on-duty auxiliary officer. The provision states that a person is guilty of assault on an on-duty auxiliary police officer when, with intent to prevent an on-duty auxiliary police officer from performing a lawful duty, he or she causes serious physical injury to such an on-duty auxiliary police officer. The new provision would classify this offense as a class C felony.

Section 5 of this bill amends section 120.13 of the Penal Law to provide that menacing an on-duty auxiliary police officer would be classified under menacing in the first degree.

Section 6 of this bill amends the Penal Law by adding a new section 120.19 to provide for a new offense called "menacing an on-duty auxiliary police officer." This new section states that a person is guilty of menacing an on-duty auxiliary police officer when he or she intentionally places or attempts to place an on-duty auxiliary police officer in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, knife, pistol, revolver, rifle, shotgun, machine gun or other firearm, whether operable or not, where the officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that the victim was an on-duty auxiliary police officer. This would be a class D felony.

Section 7 of this bill amends the Penal Law by adding a new section 195.09 to provide for a new offense called "obstructing the duties of an on-duty auxiliary police officer by means of a self-defense spray device." This new offense would be a class D felony and provides that a person is guilty of this offense when with the intent to prevent an on-duty auxiliary police officer from performing his lawful duty, he or she causes temporary physical impairment to an on-duty auxiliary police officer by intentionally discharging a self-defense spray device that causes temporary physical impairment. The definition of a self-defense spray device is contained in paragraph 14 of subdivision a of section 265.20 of the Penal Law.

Section 8 of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

None.

Justification

There are very few New York State laws that help protect the safety of auxiliary police officers. Recently, New York City Police Department Commissioner Bratton called for enhanced protections of police officers, including on-duty auxiliary police officers. In New York City, auxiliary police officers generally do not carry firearms, and need further protection. With the recent vitriol and violence directed at police officers in communities across the State, it is more important than ever that enhanced protections are enacted so that all law enforcement officers are able to carry out their day-to-day duties with as little fear as possible for their safety.

This bill seeks to enhance the protection afforded to on-duty auxiliary police officers by establishing new offenses that would punish those who assault on-duty auxiliary police officers, menace on-duty auxiliary police officers, or obstruct the duties of an on-duty auxiliary police officer by means of a self-defense spray device. These new offenses are similar to Penal Law provisions that are already in place for the protection of police officers and peace officers.

Legislative history

2015: S.3920 - Referred to Codes

Fiscal implications

None to the State

Effective date

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