What's happening
This bill increases penalties for assaulting, menacing, or obstructing on-duty auxiliary police officers by creating new felony offenses.
Why it matters
Expands legal protections for auxiliary police officers. , who are often volunteers assisting regular police, by specifically naming them in felony-level assault, menacing, and obstruction statutes—this signals their role is being recognized as especially vulnerable or important.
Creates new felony offenses for harming or threatening auxiliary police officers on duty. , aligning the penalties for such acts with those for offenses against regular police officers—this may deter attacks but could also increase the severity of criminal consequences for encounters involving auxiliary officers.
Addresses specific means of obstruction and harm. , such as using animals or self-defense spray devices (like pepper spray), which are now explicitly criminalized if used to impede auxiliary police officers—this could affect protests or crowd situations where such items are more commonly used.
Could impact how auxiliary police are viewed and deployed. , potentially increasing their authority and the seriousness with which the public must treat interactions with them, while also raising questions about training, accountability, and the scope of their duties compared to full-time officers.
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Who cares
Auxiliary police officers
The bill would create specific felony offenses for assaulting, menacing or using self-defense spray to obstruct them while on duty.
State and local police departments
The bill would cover members of auxiliary police programs they organize and maintain when those members are acting as auxiliary officers.
Prosecutors
The bill would add charging options for attacks on auxiliary officers, including class C violent felony assault and class D violent felony menacing.
Criminal defense attorneys and defendants
The bill would establish new felony exposure and make a conviction for menacing an on-duty auxiliary officer a predicate for first-degree menacing if the subsequent offense occurs within ten years.
Headline styles
Protect Auxiliary Police Officers
Plain English, a few words. Used as the page title.
Sponsors
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.
Protect Auxiliary Police Officers
In Assembly Committee · Codes · Sponsor David Weprin
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5610
2019-2020 Regular Sessions
IN SENATE
May 8, 2019
Introduced by Sen. ADDABBO -- 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 on duty auxiliary police officers
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. "On-duty auxiliary police officer" means a member of an auxiliary police program that is organized and maintained by a state or local police department who is acting as an auxiliary police officer at the time of the act or omission.
§ 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the penal law, paragraph (b) as amended by chapter 476 of the laws of 2018 and paragraph (c) as amended by chapter 368 of the laws of 2015, are 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, assault on an on-duty auxiliary police officer as defined in section 120.08-a, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08547-01-9
S. 5610 2
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.
(c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer as defined in section 120.18, menacing an on-duty auxiliary police officer as defined in section 120.19, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdivision three of section 135.35, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven, eight, nine or ten of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18.
§ 3. Section 120.05 of the penal law is amended by adding a new subdivision 10-a to read as follows:
10-a. With the intent to prevent an on-duty auxiliary police officer 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 on-duty auxiliary police officer, he or she causes physical injury to such on-duty auxiliary police officer.
§ 4. The penal law is amended by adding a new section 120.08-a to read as follows: § 120.08-a Assault on an on-duty auxiliary police officer.
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.
Assault on an on-duty auxiliary police officer is a class C felony.
§ 5. Section 120.13 of the penal law, as amended by chapter 765 of the laws of 2005, is amended to read as follows: § 120.13 Menacing in the first degree.
S. 5610 3
A person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree or the crime of menacing a police officer or peace officer, or the crime of menacing an on-duty auxiliary police officer within the preceding ten years.
Menacing in the first degree is a class E felony.
§ 6. The penal law is amended by adding a new section 120.19 to read as follows: § 120.19 Menacing an on-duty auxiliary police officer.
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 such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was an on-duty auxiliary police officer.
Menacing an on-duty auxiliary police officer is a class D felony.
§ 7. The penal law is amended by adding a new section 195.09 to read as follows: § 195.09 Obstructing the duties of an on-duty auxiliary police officer
by means of a self-defense spray device.
A person is guilty of obstructing the duties of an on-duty auxiliary police officer by means of a self-defense spray device when, with the intent to prevent an on-duty auxiliary police officer from performing a lawful duty, he or she causes temporary physical impairment to an on-duty auxiliary police officer by intentionally discharging a self-defense spray device, as defined in paragraph fourteen of subdivision a of section 265.20 of this chapter, thereby causing such temporary physical impairment.
Obstructing the duties of an on-duty auxiliary police officer by means of a self-defense spray device is a class D felony.
§ 8. This act shall take effect on the first of November next succeeding the date on 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 on duty auxiliary police officers
Purpose
To create penal law offenses for criminal conduct directed at on-duty auxiliary police officers.
Summary of provisions
Section 1 of this bill amends section 10.00 of the Penal Law to add a new subdivision 22 to provide the definition for "on-duty auxiliary police officer."
Read the full memo (789 words)
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 section 120.05 of the Penal Law, and adds a new subdivision 10-a to 120.05 of the Penal Law. Subdivision 10-a 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 auxilia- ry police officer." This new section states that a person is guilty of menacing an on-duty auxiliary police officer when he or she inten- tionally 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-de- fense spray device. These new offenses are similar to Penal Law provisions that are already in place for the protection of police offi- cers and peace officers.
Legislative history
New Bill.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.