What's happening
This bill elevates assaults or killings of on-duty auxiliary police officers to the same felony classifications as attacks on police and peace officers.
Why it matters
Expands legal protections to auxiliary police officers. , meaning those serving in volunteer or support roles for police departments will have the same legal status as full police and peace officers when assaulted or killed while on duty. This could enhance recognition and deterrence for attacks on these individuals.
Raises penalties for offenses against auxiliary police. , so crimes like assault, manslaughter, or murder committed against on-duty auxiliary officers now carry the same felony charges and sentencing ranges as those against regular police, which could significantly increase potential prison time for offenders.
Reflects a broader definition of public safety personnel. , acknowledging the risks auxiliary police face, and may increase morale and recruitment by signaling that their service is valued and protected at the highest legal levels.
Could impact prosecution and legal outcomes. , as prosecutors would be able to pursue more serious charges in cases involving harmed auxiliary officers, potentially affecting plea bargains, trial strategies, and sentencing in criminal justice proceedings.
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Who cares
Headline styles
Treat Auxiliary Police as Officers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Auxiliary Police Gain Protections
In Assembly Committee · Codes · Sponsor David Weprin
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1999
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. HOYLMAN -- 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 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Auxiliary Police Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act".
§ 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 476 of the laws of 2018, 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 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, firefighter or emergency medical services professional as defined in section 120.08, or member of an auxiliary police program, while on duty, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07658-01-9
S. 1999 2
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.
§ 3. Subdivision 3 of section 120.05 of the penal law, as amended by chapter 267 of the laws of 2016, is amended to read as follows:
3. With intent to prevent a peace officer, a police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent, a member of an auxiliary police program organized and maintained by a state or local police department while performing his or her duties as such auxiliary police officer or employee of any entity governed by the public service law in the course of performing an essential service, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent, member of an auxiliary police program or employee of an entity governed by the public service law, he or she causes physical injury to such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, on-duty member of an auxiliary police program or employee of an entity governed by the public service law; or
§ 4. Section 120.08 of the penal law, as amended by chapter 476 of the laws of 2018, is amended to read as follows: § 120.08 Assault on a peace officer, police officer, firefighter [or],
emergency medical services professional, or on-duty member of
an auxiliary police program.
A person is guilty of assault on a peace officer, or on-duty member of an auxiliary police program, police officer, firefighter [or], emergency medical services professional when, with intent to prevent a peace officer, police officer, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, or an emergency medical service paramedic or emergency medical service technician, or a member of an auxiliary police program organized and maintained by a
S. 1999 3
state or local police department while performing his or her duties as such auxiliary police officer, from performing a lawful duty, he or she causes serious physical injury to such peace officer, police officer, firefighter, paramedic [or], technician, or on-duty member of an auxiliary police program.
Assault on a peace officer, police officer, firefighter [or], emergency medical services professional, or on-duty member of an auxiliary police program is a class C felony.
§ 5. Section 125.11 of the penal law, as added by chapter 765 of the laws of 2005, is amended to read as follows: § 125.11 Aggravated criminally negligent homicide.
A person is guilty of aggravated criminally negligent homicide when, with criminal negligence, he or she causes the death of a police officer [or], peace officer or a member of an auxiliary police program organized and maintained by a state or local police department where such officer or member of an auxiliary police program was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer or member of an auxiliary police program.
Aggravated criminally negligent homicide is a class C felony.
§ 6. Section 125.21 of the penal law, as added by chapter 765 of the laws of 2005, is amended to read as follows: § 125.21 Aggravated manslaughter in the second degree.
A person is guilty of aggravated manslaughter in the second degree when he or she recklessly causes the death of a police officer [or], peace officer or a member of an auxiliary police program organized and maintained by a state or local police department where such officer or member of an auxiliary police program was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer or member of an auxiliary police program.
Aggravated manslaughter in the second degree is a class C felony.
§ 7. Section 125.22 of the penal law, as added by chapter 765 of the laws of 2005, is amended to read as follows: § 125.22 Aggravated manslaughter in the first degree.
A person is guilty of aggravated manslaughter in the first degree when:
1. with intent to cause serious physical injury to a police officer [or], peace officer or a member of an auxiliary police program organized and maintained by a state or local police department, where such officer or member of an auxiliary police program was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer [or], a peace officer or a member of an auxiliary police program, he or she causes the death of such officer or member of an auxiliary police program or another police officer or peace officer or a member of an auxiliary police program; or
2. with intent to cause the death of a police officer [or], peace officer or a member of an auxiliary police program organized and maintained by a state or local police department, where such officer or member of an auxiliary police program was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer [or], a peace officer or a member of an auxiliary police program, he or she causes the death of such officer, member of an auxiliary police program or another police officer or peace officer or member of an auxiliary police program under
S. 1999 4
circumstances which do not constitute murder because he or she acts under the influence of extreme emotional disturbance, as defined in paragraph (a) of subdivision one of section 125.25 of this article. The fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to aggravated manslaughter in the first degree or manslaughter in the first degree and need not be proved in any prosecution initiated under this subdivision.
Aggravated manslaughter in the first degree is a class B felony.
§ 8. Paragraph (a) of subdivision 1 of section 125.26 of the penal law is amended by adding a new subparagraph (ii-b) to read as follows:
(ii-b) the intended victim was a member of an auxiliary police program organized and maintained by a state or local police department who was at the time of the killing engaged in the course of performing his or her official duties, and the defendant knew or reasonably should have known that the intended victim was such a member of an auxiliary police program; or
§ 9. Paragraph (a) of subdivision 1 of section 125.27 of the penal law is amended by adding a new subparagraph (ii-b) to read as follows:
(ii-b) the intended victim was a member of an auxiliary police program organized and maintained by a state or local police department who was at the time of the killing engaged in the course of performing his or her official duties, and the defendant knew or reasonably should have known that the intended victim was such a member of an auxiliary police program; or
§ 10. This act shall take effect on the first of November next succeeding the date upon which 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 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 "Auxil- iary Police Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act."
Section 2 of the bill amends Section 70.02 of the Penal Law (Aggravated Criminally Negligent Homicide).
Read the full memo (624 words)
Section 3 of the bill amends Section 120.05 of the Penal Law (Aggravated Criminally Negligent Homicide).
Section 4 of the bill amends subdivision 3 of section 120.05 of the penal law as amended by chapter 472 of the laws of 2015.
Section 5 of the bill amends 120.08 of the Penal Law (Assault on a Peace Officer, Police Officer, Firefighter, Emergency Medical Services Profes- sional, or On-Duty Member of an Auxiliary Police Program) as added by chapter 632 of the laws of 1996.
Section 6 of the bill amends Section 125.11 of the Penal Law
(Aggravated Criminally Negligent Homicide).
Section 7 of the bill amends Section 125.21 of the Penal Law (Aggravated Manslaughter in the Second Degree) as added by chapter 765 of the laws of 2005.
Section 8 of the bill adds amends Section 125.22 of the Penal Law (Aggravated Manslaughter in the First Degree) as added by chapter 765 by the laws of 2005.
Section 9 of the bill amends Section 125.26 of the Penal Law (Aggravated Murder) by adding a new subparagraph (ii-b).
Section 10 of the bill adds amends paragraphi(a) of subdivision 1 of section 125.27 of the Penal Law (Murder in the First Degree) by adding a new subparagraph (ii-b).
Section 11 of the bill is the effective date.
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 Marsha- lik 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 attacks or 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.5098 of 2017-2018 (Hoylman): Died in Codes (2017)/Died in 3rd Reading Calendar (2017)/Died in Rules (2017)/Passed Codes (2018)/Died in 3rd Reading Calendar (2018)
A.8446 of 2017-2018 (Weprin): Died in Codes
S.3869-A of 2015-2016 (Hoylman): 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; provided that section four of this act shall take effect on the same date and in the same manner as section one of chapter 472 of the laws of 2015, takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.