What's happening
This bill increases felony classifications for assaults on police officers, raising penalties across several related assault offenses.
Why it matters
Significantly increases prison time and long-term consequences. for those convicted of assaulting police officers or certain first responders, by reclassifying these offenses as higher-level felonies. This means longer mandatory sentences and fewer options for plea bargains or early release.
Signals a shift in legislative priorities toward stronger protections for law enforcement and emergency personnel,. which could influence how prosecutors, judges, and police approach these cases and may affect community-police relations.
May have a deterrent effect but could also broaden the number of people facing the state’s harshest penalties,. especially in situations involving physical confrontations with police—potentially impacting protesters, bystanders, or those with mental health or substance issues.
Could result in increased legal and correctional system costs. due to longer incarcerations and more trials, as defendants may be less likely to plead guilty to elevated charges.
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Who cares
Police officers and peace officers
The bill would raise assault on these officers from a class C to a class B felony and aggravated assault upon them from a class B to a class A felony.
Firefighters and emergency medical services professionals
The bill would raise the offense of assault on these workers from a class C to a class B felony.
Prosecutors and criminal defense attorneys
The bill would elevate second-degree assault under Penal Law section 120.05, subdivision three, from a class D to a class C felony.
People charged with the specified assault offenses
They would face higher felony classifications under the bill.
Headline styles
Increase Penalties for Police Assaults
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to rules
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8923
IN SENATE
August 19, 2020
Introduced by Sen. JORDAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to the classification of certain crimes relating to assaults on police officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of section 120.05 of the penal law is amended to read as follows:
Assault in the second degree is a class D felony; provided, however, assault in the second degree as defined in subdivision three of this section is a class C felony.
§ 2. The closing paragraph of section 120.08 of the penal law, as amended by chapter 476 of the laws of 2018, is amended to read as follows:
Assault on a peace officer, police officer, firefighter or emergency medical services professional is a class [C] B felony.
§ 3. The closing paragraph of section 120.11 of the penal law, as amended by chapter 283 of the laws of 1993, is amended to read as follows:
Aggravated assault upon a police officer or a peace officer is a class [B] A felony.
§ 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16973-01-0
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 the classification of certain crimes relating to assaults on police officers
Summary of provisions
Section 1 amends provisions of the penal law relating to assault in the second degree, providing that assault in the second degree - normally a class D felony - is a class C felony when committed against a police officer, peace officer, firefighter, or several other types of first responders.
Section 2 amends the penal law to provide that assault on a police offi- cer, firefighter, or EMS professional is a class B felony.
Section 3 amends the penal law to provide that aggravated assault on a police officer or peace officer is a class A felony.
Section 4 establishes the effective date.
Justification
Police officers serve in an admirable but dangerous profession; they put their lives on the line in order to protect the general public and to ensure that we live in a safe society. Being a police officer is a public service, and consequently it is incumbent upon the State of New York to ensure that these public servants are adequately protected from violence.
Assault on a police officer is a depraved act, given that these public servants help ensure that New Yorkers can safely live in a society based on the rule of law. This bill will ensure that police officers are protected from violence and that violence against them is adequately punished in the eyes of the law. This legislation raises the class of felony for each type of assault against a police officer, which will not only serve to deter attacks on the police but will also allow for sentences appropriate of the heinousness of the act.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.