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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1498
                              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, CASTRO, MONTESANO,
         ORTIZ, TITONE -- Multi-Sponsored by -- M. of A. CORWIN, FINCH, SALADI-
         NO -- read once and referred to the Committee on Codes
       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.  Subdivisions 3 and 11 of section 120.05 of the penal law,
    2  as amended by chapter 377 of the laws of 2012, are amended  to  read  as
    3  follows:
    4    3.  With  intent  to prevent a peace officer, a police officer, regis-
    5  tered nurse, licensed practical nurse, sanitation enforcement agent, New
    6  York city sanitation worker,  a  firefighter,  including  a  firefighter
    7  acting  as  a  paramedic  or  emergency medical technician administering
    8  first aid in the course of performance of duty as such  firefighter,  an
    9  emergency medical service paramedic or emergency medical service techni-
   10  cian,  or  medical  or related personnel in a hospital emergency depart-
   11  ment, a city marshal, a traffic enforcement officer or traffic  enforce-
   12  ment  agent, from performing a lawful duty, by means including releasing
   13  or failing to control an animal under circumstances evincing the actor's
   14  intent that the animal obstruct the lawful activity of such peace  offi-
   15  cer, police officer, registered nurse, licensed practical nurse, sanita-
   16  tion  enforcement  agent,  New York city sanitation worker, firefighter,
   17  paramedic, technician, city  marshal,  traffic  enforcement  officer  or
   18  traffic  enforcement  agent,  he  or  she causes physical injury to such
   19  peace officer, police  officer,  registered  nurse,  licensed  practical
   20  nurse,  sanitation  enforcement  agent, New York city sanitation worker,
   21  firefighter, paramedic, technician or medical or related personnel in  a
   22  hospital emergency department, city marshal, traffic enforcement officer
   23  or  traffic  enforcement agent, OR TO ANY DIRECT-CARE STAFF WHO IS NOT A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02264-01-3
       A. 1498                             2
    1  NURSE PURSUANT TO TITLE EIGHT  OF  THE  EDUCATION  LAW  WHOSE  PRINCIPAL
    2  RESPONSIBILITY  IS  TO  CARRY  OUT  DIRECT  PATIENT CARE FOR ONE OR MORE
    3  PATIENTS OR PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF  PATIENT  CARE
    4  IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL
    5  HOSPITAL,  GOVERNMENT  AGENCY  INCLUDING  ANY  CHRONIC DISEASE HOSPITAL,
    6  MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR  SURGICAL
    7  CENTER  UNDER  ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW AND SHALL
    8  ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO
    9  THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE EXECUTIVE LAW  OR  THE
   10  CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
   11  SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
   12  RATION; or
   13    11.  With  intent to cause physical injury to a train operator, ticket
   14  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
   15  employed by any transit agency, authority or company, public or private,
   16  whose  operation is authorized by New York state or any of its political
   17  subdivisions, a city marshal, a  traffic  enforcement  officer,  traffic
   18  enforcement  agent,  sanitation enforcement agent, New York city sanita-
   19  tion worker, registered nurse or licensed  practical  nurse  he  or  she
   20  causes physical injury to such train operator, ticket inspector, conduc-
   21  tor,  signalperson, bus operator or station agent, city marshal, traffic
   22  enforcement officer, traffic  enforcement  agent,  registered  nurse  or
   23  licensed  practical nurse, sanitation enforcement agent or New York city
   24  sanitation worker, while such employee is performing  an  assigned  duty
   25  on,  or  directly  related  to, the operation of a train or bus, or such
   26  city marshal, traffic enforcement officer,  traffic  enforcement  agent,
   27  registered  nurse  or  licensed  practical nurse, sanitation enforcement
   28  agent or New York city sanitation worker, OR ANY DIRECT-CARE  STAFF  WHO
   29  IS  NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHOSE PRIN-
   30  CIPAL RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE
   31  PATIENTS OR PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF  PATIENT  CARE
   32  IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL
   33  HOSPITAL,  GOVERNMENT  AGENCY  INCLUDING  ANY  CHRONIC DISEASE HOSPITAL,
   34  MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR  SURGICAL
   35  CENTER  UNDER  ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW AND SHALL
   36  ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO
   37  THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE EXECUTIVE LAW  OR  THE
   38  CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
   39  SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
   40  RATION, WHO, is performing an assigned duty.
   41    S 2. This act shall take effect on the first of November next succeed-
   42  ing the date on which it shall have become a law.