New York S 8873: Enacts the "first responders assault prevention act"

Bill Text

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S08873 Summary:

BILL NOS08873 

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SAME ASNo Same As

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SPONSORRHOADS

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COSPNSR

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MLTSPNSR

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Amd §§120.08 & 70.02, Pen L

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Enacts the "first responders assault prevention act" which increases the offense classification for assault on a peace officer, police officer, firefighter or emergency medical services professional from a class C felony to a class B felony.

Go to top S08873 Actions:

BILL NOS08873 

&nbsp

01/13/2026REFERRED TO CODES

Go to topS08873 Committee&nbspVotes:

Go to topS08873 Floor&nbspVotes:

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

Go to topS08873 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8873

 IN SENATE

 January 13, 2026
 ___________

 Introduced by Sen. RHOADS -- 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 enacting the "first
 responders assault prevention act"

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "first responders assault prevention act".
 3 § 2. Section 120.08 of the penal law, as amended by chapter 476 of the
 4 laws of 2018, is amended to read as follows:
 5 § 120.08 Assault on a peace officer, police officer, firefighter or
 6 emergency medical services professional.
 7 A person is guilty of assault on a peace officer, police officer,
 8 firefighter or emergency medical services professional when, with intent
 9 to prevent a peace officer, police officer, a firefighter, including a
 10 firefighter acting as a paramedic or emergency medical technician admin-
 11 istering first aid in the course of performance of duty as such fire-
 12 fighter, or an emergency medical service paramedic or emergency medical
 13 service technician, from performing a lawful duty, [he or she] such
 14 person causes serious physical injury to such peace officer, police
 15 officer, firefighter, paramedic or technician.
 16 Assault on a peace officer, police officer, firefighter or emergency
 17 medical services professional is a class [C] B felony.
 18 § 3. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
 19 penal law, paragraph (a) as amended by chapter 23 of the laws of 2024
 20 and paragraph (b) as amended by chapter 94 of the laws of 2020, are
 21 amended to read as follows:
 22 (a) Class B violent felony offenses: an attempt to commit the class
 23 A-I felonies of murder in the second degree as defined in section
 24 125.25, kidnapping in the first degree as defined in section 135.25, and
 25 arson in the first degree as defined in section 150.20; manslaughter in
 26 the first degree as defined in section 125.20, aggravated manslaughter
 27 in the first degree as defined in section 125.22, rape in the first
 28 degree as defined in section 130.35, a crime formerly defined in section

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13480-01-5

 S. 8873 2

 1 130.50, aggravated sexual abuse in the first degree as defined in
 2 section 130.70, course of sexual conduct against a child in the first
 3 degree as defined in section 130.75, assault in the first degree as
 4 defined in section 120.10, kidnapping in the second degree as defined in
 5 section 135.20, burglary in the first degree as defined in section
 6 140.30, arson in the second degree as defined in section 150.15, robbery
 7 in the first degree as defined in section 160.15, sex trafficking as
 8 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
 9 sex trafficking of a child as defined in section 230.34-a, incest in the
 10 first degree as defined in section 255.27, criminal possession of a
 11 weapon in the first degree as defined in section 265.04, criminal use of
 12 a firearm in the first degree as defined in section 265.09, criminal
 13 sale of a firearm in the first degree as defined in section 265.13,
 14 aggravated assault upon a police officer or a peace officer as defined
 15 in section 120.11, gang assault in the first degree as defined in
 16 section 120.07, assault on a peace officer, police officer, firefighter
 17 or emergenc