STATE OF NEW YORK ________________________________________________________________________ 1746 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. WEPRIN -- read once and referred 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 Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Auxiliary 2 Police Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act". 3 § 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, 4 as amended by chapter 94 of the laws of 2020, is amended to read as 5 follows: 6 (b) Class C violent felony offenses: an attempt to commit any of the 7 class B felonies set forth in paragraph (a) of this subdivision; aggra- 8 vated criminally negligent homicide as defined in section 125.11, aggra- 9 vated manslaughter in the second degree as defined in section 125.21, 10 aggravated sexual abuse in the second degree as defined in section 11 130.67, assault on a peace officer, police officer, firefighter or emer- 12 gency medical services professional as defined in section 120.08, or 13 member of an auxiliary police program, while on duty, assault on a judge 14 as defined in section 120.09, gang assault in the second degree as 15 defined in section 120.06, strangulation in the first degree as defined 16 in section 121.13, aggravated strangulation as defined in section 17 121.13-a, burglary in the second degree as defined in section 140.25, 18 robbery in the second degree as defined in section 160.10, criminal 19 possession of a weapon in the second degree as defined in section 20 265.03, criminal use of a firearm in the second degree as defined in 21 section 265.08, criminal sale of a firearm in the second degree as 22 defined in section 265.12, criminal sale of a firearm with the aid of a 23 minor as defined in section 265.14, aggravated criminal possession of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03742-01-5
A. 1746 2 1 weapon as defined in section 265.19, soliciting or providing support for 2 an act of terrorism in the first degree as defined in section 490.15, 3 hindering prosecution of terrorism in the second degree as defined in 4 section 490.30, and criminal possession of a chemical weapon or biolog- 5 ical weapon in the third degree as defined in section 490.37. 6 § 3. Subdivision 3 of section 120.05 of the penal law, as amended by 7 chapter 267 of the laws of 2016, is amended to read as follows: 8 3. With intent to prevent a peace officer, a police officer, prosecu- 9 tor as defined in subdivision thirty-one of section 1.20 of the criminal 10 procedure law, registered nurse, licensed practical nurse, public health 11 sanitarian, New York city public health sanitarian, sanitation enforce- 12 ment agent, New York city sanitation worker, a firefighter, including a 13 firefighter acting as a paramedic or emergency medical technician admin- 14 istering first aid in the course of performance of duty as such fire- 15 fighter, an emergency medical service paramedic or emergency medical 16 service technician, or medical or related personnel in a hospital emer- 17 gency department, a city marshal, a school crossing guard appointed 18 pursuant to section two hundred eight-a of the general municipal law, a 19 traffic enforcement officer, traffic enforcement agent, a member of an 20 auxiliary police program organized and maintained by a state or local 21 police department while performing such member's duties as such auxilia- 22 ry police officer or employee of any entity governed by the public 23 service law in the course of performing an essential service, from 24 performing a lawful duty, by means including releasing or failing to 25 control an animal under circumstances evincing the actor's intent that 26 the animal obstruct the lawful activity of such peace officer, police 27 officer, prosecutor as defined in subdivision thirty-one of section 1.20 28 of the criminal procedure law, registered nurse, licensed practical 29 nurse, public health sanitarian, New York city public health sanitarian, 30 sanitation enforcement agent, New York city sanitation worker, fire- 31 fighter, paramedic, technician, city marshal, school crossing guard 32 appointed pursuant to section two hundred eight-a of the general munici- 33 pal law, traffic enforcement officer, traffic enforcement agent, member 34 of an auxiliary police program or employee of an entity governed by the 35 public service law, [he or she] such person causes physical injury to 36 such peace officer, police officer, prosecutor as defined in subdivision 37 thirty-one of section 1.20 of the criminal procedure law, registered 38 nurse, licensed practical nurse, public health sanitarian, New York city 39 public health sanitarian, sanitation enforcement agent, New York city 40 sanitation worker, firefighter, paramedic, technician or medical or 41 related personnel in a hospital emergency department, city marshal, 42 school crossing guard, traffic enforcement officer, traffic enforcement 43 agent, on-duty member of an auxiliary police program or employee of an 44 entity governed by the public service law; or 45 § 4. Section 120.08 of the penal law, as amended by chapter 476 of the 46 laws of 2018, is amended to read as follows: 47 § 120.08 Assault on a peace officer, police officer, firefighter [or], 48 emergency medical services professional, or on-duty member of 49 an auxiliary police program. 50 A person is guilty of assault on a peace officer, or on-duty member of 51 an auxiliary police program, police officer, firefighter [or], emergency 52 medical services professional when, with intent to prevent a peace offi- 53 cer, police officer, a firefighter, including a firefighter acting as a 54 paramedic or emergency medical technician administering first aid in the 55 course of performance of duty as such firefighter, or an emergency 56 medical service paramedic or emergency medical service technician, or a
A. 1746 3 1 member of an auxiliary police program organized and maintained by a 2 state or local police department while performing such member's duties 3 as such auxiliary police officer, from performing a lawful duty, [he or 4 she] such person causes serious physical injury to such peace officer, 5 police officer, firefighter, paramedic [or], technician, or on-duty 6 member of an auxiliary police program. 7 Assault on a peace officer, police officer, firefighter [or], emergen- 8 cy medical services professional, or on-duty member of an auxiliary 9 police program is a class C felony. 10 § 5. Section 125.11 of the penal law, as added by chapter 765 of the 11 laws of 2005, is amended to read as follows: 12 § 125.11 Aggravated criminally negligent homicide. 13 A person is guilty of aggravated criminally negligent homicide when, 14 with criminal negligence, [he or she] such person causes the death of a 15 police officer [or], peace officer or a member of an auxiliary police 16 program organized and maintained by a state or local police department 17 where such officer or member of an auxiliary police program was in the 18 course of performing [his or her] such officer or member's official 19 duties and the defendant knew or reasonably should have known that such 20 victim was a police officer or peace officer or member of an auxiliary 21 police program. 22 Aggravated criminally negligent homicide is a class C felony. 23 § 6. Section 125.21 of the penal law, as added by chapter 765 of the 24 laws of 2005, is amended to read as follows: 25 § 125.21 Aggravated manslaughter in the second degree. 26 A person is guilty of aggravated manslaughter in the second degree 27 when [he or she] such person recklessly causes the death of a police 28 officer [or], peace officer or a member of an auxiliary police program 29 organized and maintained by a state or local police department where 30 such officer or member of an auxiliary police program was in the course 31 of performing [his or her] such officer or member's official duties and 32 the defendant knew or reasonably should have known that such victim was 33 a police officer or peace officer or member of an auxiliary police 34 program. 35 Aggravated manslaughter in the second degree is a class C felony. 36 § 7. Section 125.22 of the penal law, as added by chapter 765 of the 37 laws of 2005, is amended to read as follows: 38 § 125.22 Aggravated manslaughter in the first degree. 39 A person is guilty of aggravated manslaughter in the first degree 40 when: 41 1. with intent to cause serious physical injury to a police officer 42 [or], peace officer or a member of an auxiliary police program organized 43 and maintained by a state or local police department, where such officer 44 or member of an auxiliary police program was in the course of performing 45 [his or her] such officer or member's official duties and the defendant 46 knew or reasonably should have known that such victim was a police offi- 47 cer [or], a peace officer or a member of an auxiliary police program, 48 [he or she] such person causes the death of such officer or member of an 49 auxiliary police program or another police officer or peace officer or a 50 member of an auxiliary police program; or 51 2. with intent to cause the death of a police officer [or], peace 52 officer or a member of an auxiliary police program organized and main- 53 tained by a state or local police department, where such officer or 54 member of an auxiliary police program was in the course of performing 55 [his or her] such officer or member's official duties and the defendant 56 knew or reasonably should have known that such victim was a police offi-
A. 1746 4 1 cer [or], a peace officer or a member of an auxiliary police program, 2 [he or she] such person causes the death of such officer, member of an 3 auxiliary police program or another police officer or peace officer or 4 member of an auxiliary police program under circumstances which do not 5 constitute murder because [he or she] such person acts under the influ- 6 ence of extreme emotional disturbance, as defined in paragraph (a) of 7 subdivision one of section 125.25 of this article. The fact that homi- 8 cide was committed under the influence of extreme emotional disturbance 9 constitutes a mitigating circumstance reducing murder to aggravated 10 manslaughter in the first degree or manslaughter in the first degree and 11 need not be proved in any prosecution initiated under this subdivision. 12 Aggravated manslaughter in the first degree is a class B felony. 13 § 8. Paragraph (a) of subdivision 1 of section 125.26 of the penal law 14 is amended by adding a new subparagraph (ii-b) to read as follows: 15 (ii-b) the intended victim was a member of an auxiliary police program 16 organized and maintained by a state or local police department who was 17 at the time of the killing engaged in the course of performing such 18 member's official duties, and the defendant knew or reasonably should 19 have known that the intended victim was such a member of an auxiliary 20 police program; or 21 § 9. Paragraph (a) of subdivision 1 of section 125.27 of the penal law 22 is amended by adding a new subparagraph (ii-b) to read as follows: 23 (ii-b) the intended victim was a member of an auxiliary police program 24 organized and maintained by a state or local police department who was 25 at the time of the killing engaged in the course of performing such 26 member's official duties, and the defendant knew or reasonably should 27 have known that the intended victim was such a member of an auxiliary 28 police program; or 29 § 10. This act shall take effect on the first of November next 30 succeeding the date upon which it shall have become a law.