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- Referred to codes
- Referred to codes
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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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.