What's happening
This bill adds members of the military or reserves to the protected groups for felony assault under New York law.
Why it matters
Expands felony assault protections to military personnel. By including active and reserve members of the military (such as the Army, Navy, Air Force, Marines, Coast Guard, National Guard, and New York’s own guard and naval militia), the bill recognizes their service roles as deserving the same legal safeguards as police, firefighters, and EMTs.
Signals greater societal value for military service. Elevating assaults against military and reserve members to a class C felony, regardless of whether they are on or off duty, reflects a formal acknowledgment of the risks and responsibilities these individuals undertake for public safety and national defense.
Potential deterrent effect and legal clarity. Making it explicit that attacks on military and reserve members performing lawful duties carry severe penalties could deter assaults and provide clearer grounds for prosecution, impacting both public behavior and how such cases are handled in court.
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Who cares
Headline styles
Protect Military from Assault
Plain English, a few words. Used as the page title.
Sponsors
11 Co-sponsors
History
- Enacting clause stricken
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Military from Assault
In Assembly Committee · Codes · Sponsor Thomas Croci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2567
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. PAULIN, COLTON, SKOUFIS, MONTESANO, GOTTFRIED, OTIS, DenDEKKER, GRAF, RAIA, CROUCH, SCHIMMINGER, BLAKE, HOOPER -- Multi-Sponsored by -- M. of A. ABBATE, ENGLEBRIGHT, GARBARINO, LUPAR- DO, MAGEE, RIVERA, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to assault on a member of the military or reserves
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10.00 of the penal law is amended by adding a new subdivision 22 to read as follows:
22. "Member of the military or reserves" means (a) a member of the United States army, navy, air force, marines, coast guard, army national guard, air national guard and/or reserves thereof or (b) a member of the New York guard or the New York naval militia.
§ 2. Section 120.08 of the penal law, as added by chapter 632 of the laws of 1996, is amended to read as follows: § 120.08 Assault on a peace officer, police officer, fireman [or], emer-
gency medical services professional or a member of the mili-
tary or reserves.
A person is guilty of assault on a peace officer, police officer, fireman [or], emergency medical services professional or a member of the military or reserves when, with intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, [or] an emergency medical service paramedic or emergency medical service technician, or a member of the military or reserves, from performing a lawful duty, he causes serious physical injury to such peace officer, police officer, fireman, paramedic [or], technician or a member of the military or reserves.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00834-01-7
A. 2567 2
Assault on a peace officer, police officer, fireman [or], emergency medical services professional or a member of the military or reserves is a class C felony.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.