Bill Text: NY A01498 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to assault of certain persons providing direct patient care in a health care setting; provides that such assault shall be a class D felony.

Spectrum: Slight Partisan Bill (Democrat 24-10)

Status: (Engrossed - Dead) 2014-06-19 - REFERRED TO RULES [A01498 Detail]

Download: New_York-2013-A01498-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1498--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  GUNTHER,  JACOBS,  LAVINE, MONTESANO, ORTIZ,
         TITONE, CRESPO, HOOPER, WALTER, CLARK, JAFFEE, BRINDISI, RYAN,  SKOUF-
         IS,  LUPARDO,  SCHIMMINGER, ROBINSON, SCHIMEL, MILLER, FAHY, SANTABAR-
         BARA -- Multi-Sponsored by -- M. of A. ARROYO, CORWIN, DUPREY,  FINCH,
         GALEF,  HAWLEY,  LUPINACCI,  MAGEE,  MALLIOTAKIS, RAIA, RAMOS, RIVERA,
         SALADINO -- read once and referred to the Committee on Codes -- recom-
         mitted to the Committee on Codes in accordance with Assembly  Rule  3,
         sec.  2  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee -- again reported from  said
         committee  with amendments, ordered reprinted as amended and recommit-
         ted to said committee
       AN ACT to amend the penal law, in relation to assault of certain persons
         providing direct patient care
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  120.05 of the penal law is amended by adding two
    2  new subdivisions 3-b and 11-b to read as follows:
    3    3-B. WITH INTENT TO PREVENT AN    EMPLOYEE  PROVIDING  DIRECT  PATIENT
    4  CARE,  WHO  IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW,
    5  WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT
    6  CARE FOR ONE OR MORE PATIENTS IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL
    7  HEALTH CARE FACILITY, GENERAL HOSPITAL, GOVERNMENT AGENCY INCLUDING  ANY
    8  CHRONIC  DISEASE  HOSPITAL,  MATERNITY  HOSPITAL, OUTPATIENT DEPARTMENT,
    9  EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE  TWENTY-EIGHT  OF  THE
   10  PUBLIC  HEALTH LAW AND ANY FACILITY THAT PROVIDES DIRECT PATIENT CARE OR
   11  HEALTH CARE  SERVICES  PURSUANT  TO  THE  MENTAL  HYGIENE  LAW,  OR  THE
   12  CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
   13  SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
   14  RATION,  FROM PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES PHYSICAL INJURY
   15  TO SUCH EMPLOYEE PROVIDING DIRECT PATIENT CARE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02264-10-4
       A. 1498--B                          2
    1    11-B.  WITH INTENT TO CAUSE PHYSICAL INJURY TO AN  EMPLOYEE  PROVIDING
    2  DIRECT  PATIENT  CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE
    3  EDUCATION LAW, WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT
    4  DIRECT PATIENT CARE FOR ONE OR MORE PATIENTS IN  ANY  HOSPITAL,  NURSING
    5  HOME,  RESIDENTIAL  HEALTH  CARE  FACILITY, GENERAL HOSPITAL, GOVERNMENT
    6  AGENCY INCLUDING  ANY  CHRONIC  DISEASE  HOSPITAL,  MATERNITY  HOSPITAL,
    7  OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE
    8  TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH LAW AND ANY FACILITY THAT PROVIDES
    9  DIRECT PATIENT CARE OR HEALTH  CARE  SERVICES  PURSUANT  TO  THE  MENTAL
   10  HYGIENE  LAW,  OR THE CORRECTION LAW IF SUCH FACILITY IS OPERATED BY THE
   11  STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A PUBLIC  AUTHORITY  OR
   12  PUBLIC  BENEFIT  CORPORATION,  HE  OR SHE CAUSES PHYSICAL INJURY TO SUCH
   13  EMPLOYEE PROVIDING DIRECT PATIENT CARE WHILE SUCH EMPLOYEE IS PERFORMING
   14  A LAWFUL DUTY.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.
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