What's happening
This bill creates new first and second degree aggravated assault charges for attacks on police or peace officers during public assemblies, with increased felony penalties.
Why it matters
Expands criminal liability during protests. By specifically targeting assaults on police or peace officers that occur during assemblies in public places, the bill responds to concerns about officer safety during protests or large gatherings, potentially deterring group violence.
Introduces group accountability. The law extends aggravated assault charges to situations where a person, aided by others present, intentionally injures an officer, reflecting a shift toward holding groups (not just individuals) more accountable for violence during public events.
Raises stakes with felony reclassification. By categorizing these new offenses as class B and class C violent felonies, the bill ensures that those convicted face harsher sentences and have less access to alternatives like plea deals or early release, signaling a tough-on-crime approach.
May impact protest dynamics and policing. The changes could influence how both law enforcement and demonstrators approach public assemblies, possibly increasing caution among participants but also raising concerns about overcharging or the chilling of lawful protest activity.
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Who cares
Headline styles
Increase Penalties for Police Assault
Plain English, a few words. Used as the page title.
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History
- 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.
Tougher Penalties for Assaulting Police
In Assembly Committee · Codes · Sponsor Peter Abbate
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3575
2017-2018 Regular Sessions
IN SENATE
January 24, 2017
Introduced by Sen. GOLDEN -- 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 aggravated assault upon a police officer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 120.11 of the penal law, as amended by chapter 283 of the laws of 1993, is amended to read as follows: § 120.11 Aggravated assault upon a police officer or a peace officer in
the first degree.
1. A person is guilty of aggravated assault upon a police officer or a peace officer in the first degree when, with intent to cause serious physical injury to a person whom he or she knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his or her official duties, he or she causes such injury by means of a deadly weapon or dangerous instrument; or
2. A person is guilty of aggravated assault upon a police officer or a peace officer in the first degree when, with intent to cause serious physical injury to a person whom he or she knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his or her official duties, and when such person is aided by one or more other persons actually present, at an assembly in a public place as defined by article two hundred forty of this part, he or she causes serious physical injury to such police officer or peace officer.
Aggravated assault upon a police officer or a peace officer in the first degree is a class B felony.
§ 2. The penal law is amended by adding a new section 120.11-a to read as follows: § 120.11-a Aggravated assault upon a police officer or a peace officer
in the second degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07425-01-7
S. 3575 2
A person is guilty of aggravated assault upon a police officer or a peace officer in the second degree when, with intent to cause physical injury to a person whom he or she knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his or her official duties, and when such person is aided by one or more other persons actually present, at an assembly in a public place as defined by article two hundred forty of this part, he or she causes physical injury to such police officer or peace officer.
Aggravated assault upon a police officer or a peace officer in the second degree is a class C felony.
§ 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated assault upon a police officer or a peace officer in the second degree as defined in section 120.11-a, aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
§ 4. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first
S. 3575 3
degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer in the first degree as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47.
§ 5. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to aggravated assault upon a police officer
Purpose or general idea of bill
To designate two additional classifications of aggravated assault upon a police officer or peace officer to include assault in the first degree, a Class B felony and assault in the second degree, a Class C felony.
Summary of provisions
Section one of this bill amends section 120.11 of the Penal Law to add aggravated assault upon a police officer or a peace officer in the first degree. Furthermore, aggravated assault upon a police officer or peace officer in the first degree is a Class B Felony.
Section two of this bill amends the Penal Law to create a new section 120.11-a to include, aggravated assault on a police officer or a peace officer in the second degree. Aggravated assault on a police officer or a peace officer in the second degree is a Class C Felony.
Section three of this bill amends paragraph (b) of subdivision 1 of section 70.02 of the Penal Law to include, aggravated assault upon a police officer or a peace officer in the second degree as defined in section 120.11-a.
Section four of this bill amends paragraph (a) of subdivision 1 of section 70.02 of the Penal Law to classify Class B violent felony offenses, such as, aggravated assault against a police officer or peace officer as being in the first degree.
Section five of this bill provides that this act shall take effect on the ninetieth day after it shall have become law.
Justification
There has been an increase in attacks, not to preclude aggravated assaults, on those that are charged with maintaining public safety in New York. As recent as December 5, 2016, a man who was waiting nearby in his car, senselessly and fatally shot New York City Corrections Officer Anastasia Bryan in her car. Given the uncertainty, all first responders and law enforcers face on a daily basis, it is imperative that New York State put measures in place to hold those accountable for all attacks against our law enforcement officers and peace officers.
This bill provides for added protection for the men and women who devote their lives to serving and protecting the public from the unfortunate dangers of being a police or peace officer.
Prior legislative history
2016: S.5599-A - Passed the Senate
Fiscal implications
Undetermined
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.