New York S 5390: Increases the offense classification for certain assault offenses regarding police officers and peace officers

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S05390 Summary:

BILL NOS05390 

&nbsp

SAME ASSAME AS A09416

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §120.05-a, amd §§120.05, 120.08 & 120.11, Pen L

&nbsp

Increases the offense classification for certain assault offenses regarding police officers and peace officers.

Go to top S05390 Actions:

BILL NOS05390 

&nbsp

02/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05390 Committee&nbspVotes:

Go to topS05390 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05390 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5390

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- 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 increasing the offense
 classification for certain assault offenses regarding police officers
 and peace officers

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new section 120.05-a
 2 to read as follows:
 3 § 120.05-a Assault in the second degree on a police officer or peace
 4 officer.
 5 A person is guilty of assault in the second degree on a police officer
 6 or peace officer when with intent to prevent a police officer, as
 7 defined in subdivision thirty-four of section 1.20 of the criminal
 8 procedure law, or a peace officer, as defined in section 2.10 of the
 9 criminal procedure law, from performing a lawful duty, by means includ-
 10 ing releasing or failing to control an animal under circumstances evinc-
 11 ing the actor's intent that the animal obstruct the lawful activity of
 12 such police officer or peace officer, such person causes physical injury
 13 to such police officer or peace officer.
 14 Assault in the second degree on a police officer or peace officer is a
 15 class C felony.
 16 § 2. Subdivision 3 of section 120.05 of the penal law, as amended by
 17 chapter 267 of the laws of 2016, is amended to read as follows:
 18 3. With intent to prevent a [peace officer, a police officer,] prose-
 19 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 20 nal procedure law, registered nurse, licensed practical nurse, public
 21 health sanitarian, New York city public health sanitarian, sanitation
 22 enforcement agent, New York city sanitation worker, a firefighter,
 23 including a firefighter acting as a paramedic or emergency medical tech-
 24 nician administering first aid in the course of performance of duty as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07425-01-5

 S. 5390 2

 1 such firefighter, an emergency medical service paramedic or emergency
 2 medical service technician, or medical or related personnel in a hospi-
 3 tal emergency department, a city marshal, a school crossing guard
 4 appointed pursuant to section two hundred eight-a of the general munici-
 5 pal law, a traffic enforcement officer, traffic enforcement agent or
 6 employee of any entity governed by the public service law in the course
 7 of performing an essential service, from performing a lawful duty, by
 8 means including releasing or failing to control an animal under circum-
 9 stances evincing the actor's intent that the animal obstruct the lawful
 10 activity of such [peace officer, police officer,] prosecutor as defined
 11 in subdivision thirty-one of section 1.20 of the criminal procedure law,
 12 registered nurse, licensed practical nurse, public health sanitarian,
 13 New York city public health sanitarian, sanitation enforcement agent,
 14 New York city sanitation worker, firefighter, paramedic, technician,
 15 city marshal, school crossing guard appointed pursuant to section two
 16 hundred eight-a of the general municipal law, traffic enforcement offi-
 17 cer, traffic enforcement agent or employee of an entity governed by the
 18 public service law, [he or she] such person causes physical injury to
 19 such [peace officer, police officer,] prosecutor as defined in subdivi-
 20 sion thirty-one of section 1.20 of the criminal procedure la