NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3031
SPONSOR: Rosenthal D TITLE OF BILL:
An act to amend the penal law, in relation to including corrections
officers in certain assault charges
PURPOSE:
The purpose of this bill is to make it a class C felony to assault a
corrections officer while such officer is performing their professional
duties.
SUMMARY OF PROVISIONS:
Section 1. Amends section 120.08 of the penal law to add corrections
officers to the section of law that creates a class C felony for assault
on a peace officer, police officer, firefighter or emergency medical
services professional. Section 2. Sets forth the effective date.
JUSTIFICATION:
This bill will provide additional protection for corrections officers
who put themselves in harm's way every day they report to work by
enhancing the criminal penalty for assaulting a corrections officer
while such officer is performing his/her official duties. Currently, it
is a class C felony to cause serious physical injury to a peace officer,
police officer, firefighter or emergency medical services professional
in an attempt to prevent such professional from performing his/her offi-
cial duties. This bill appropriately adds corrections officers to that
list based on the dangerous nature of such officers' occupation.
LEGISLATIVE HISTORY:
2022: A9747-Referred to Codes.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
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3031
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. D. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to including corrections
officers in certain assault charges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 120.08 of the penal law, as amended by chapter 476
2 of the laws of 2018, is amended to read as follows:
3 § 120.08 Assault on a peace officer, police officer, corrections offi-
4 cer, firefighter or emergency medical services professional.
5 A person is guilty of assault on a peace officer, police officer,
6 corrections officer, firefighter or emergency medical services profes-
7 sional when, with intent to prevent a peace officer, police officer,
8 corrections officer, a firefighter, including a firefighter acting as a
9 paramedic or emergency medical technician administering first aid in the
10 course of performance of duty as such firefighter, or an emergency
11 medical service paramedic or emergency medical service technician, from
12 performing a lawful duty, he or she causes serious physical injury to
13 such peace officer, police officer, corrections officer, firefighter,
14 paramedic or technician.
15 Assault on a peace officer, police officer, corrections officer, fire-
16 fighter or emergency medical services professional is a class C felony.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05789-01-3
