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

New York Assembly Bill 1498 (Prior Session Legislation)

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

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--A
                              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 --  Multi-Sponsored  by  --  M.  of  A.
         ARROYO,  BOYLAND,  CORWIN,  DUPREY, FINCH, HAWLEY, RIVERA, SALADINO --
         read once and referred to the Committee on Codes -- recommitted 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
       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 259 of the laws of 2013, are amended  to  read  as
    3  follows:
    4    3.  With intent to prevent a peace officer, a police officer, prosecu-
    5  tor as defined in subdivision thirty-one of section 1.20 of the criminal
    6  procedure law, registered nurse, licensed  practical  nurse,  sanitation
    7  enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
    8  including a firefighter acting as a paramedic or emergency medical tech-
    9  nician administering first aid in the course of performance of  duty  as
   10  such  firefighter,  an  emergency medical service paramedic or emergency
   11  medical service technician, or medical or related personnel in a  hospi-
   12  tal  emergency department, a city marshal, a traffic enforcement officer
   13  or traffic enforcement agent, from performing a lawful  duty,  by  means
   14  including  releasing or failing to control an animal under circumstances
   15  evincing the actor's intent that the animal obstruct the lawful activity
   16  of such peace officer, police officer, prosecutor as defined in subdivi-
   17  sion thirty-one of section 1.20 of the criminal  procedure  law,  regis-
   18  tered nurse, licensed practical nurse, sanitation enforcement agent, New
   19  York  city  sanitation  worker, firefighter, paramedic, technician, city
   20  marshal, traffic enforcement officer or traffic enforcement agent, he or
   21  she causes physical injury to such peace officer, police officer, prose-
   22  cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02264-03-4
       A. 1498--A                          2
    1  nal procedure law, registered nurse, licensed practical  nurse,  sanita-
    2  tion  enforcement  agent,  New York city sanitation worker, firefighter,
    3  paramedic, technician or medical or  related  personnel  in  a  hospital
    4  emergency department, city marshal, traffic enforcement officer or traf-
    5  fic  enforcement  agent,  OR TO ANY DIRECT-CARE STAFF WHO IS NOT A NURSE
    6  PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHOSE  PRINCIPAL  RESPONSI-
    7  BILITY  IS  TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE PATIENTS OR
    8  PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE IN ANY HOSPI-
    9  TAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY,  GENERAL  HOSPITAL,
   10  GOVERNMENT  AGENCY  INCLUDING  ANY  CHRONIC  DISEASE HOSPITAL, MATERNITY
   11  HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY  CENTER  OR  SURGICAL  CENTER
   12  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH LAW AND SHALL ALSO
   13  INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO  THE
   14  MENTAL  HYGIENE  LAW,  ARTICLE  NINETEEN-G  OF  THE EXECUTIVE LAW OR THE
   15  CORRECTION LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A  POLITICAL
   16  SUBDIVISION  OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPO-
   17  RATION; or
   18    11. With intent to cause physical injury to a train  operator,  ticket
   19  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
   20  employed by any transit agency, authority or company, public or private,
   21  whose operation is authorized by New York state or any of its  political
   22  subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
   23  enforcement agent, prosecutor as defined in  subdivision  thirty-one  of
   24  section  1.20  of  the  criminal  procedure  law, sanitation enforcement
   25  agent, New York city sanitation worker,  registered  nurse  or  licensed
   26  practical nurse he or she causes physical injury to such train operator,
   27  ticket  inspector,  conductor,  signalperson,  bus  operator  or station
   28  agent, city marshal, traffic enforcement  officer,  traffic  enforcement
   29  agent,  prosecutor  as defined in subdivision thirty-one of section 1.20
   30  of the criminal procedure  law,  registered  nurse,  licensed  practical
   31  nurse,  sanitation enforcement agent or New York city sanitation worker,
   32  while such employee is performing  an  assigned  duty  on,  or  directly
   33  related to, the operation of a train or bus, or such city marshal, traf-
   34  fic  enforcement  officer,  traffic  enforcement  agent,  prosecutor  as
   35  defined in subdivision thirty-one of section 1.20 of the criminal proce-
   36  dure  law,  registered  nurse,  licensed  practical  nurse,   sanitation
   37  enforcement agent or New York city sanitation worker, OR ANY DIRECT-CARE
   38  STAFF  WHO  IS  NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW
   39  WHOSE PRINCIPAL RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT  CARE  FOR
   40  ONE  OR  MORE  PATIENTS OR PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF
   41  PATIENT CARE IN ANY HOSPITAL,  NURSING  HOME,  RESIDENTIAL  HEALTH  CARE
   42  FACILITY,  GENERAL  HOSPITAL,  GOVERNMENT  AGENCY  INCLUDING ANY CHRONIC
   43  DISEASE HOSPITAL, MATERNITY HOSPITAL, OUTPATIENT  DEPARTMENT,  EMERGENCY
   44  CENTER  OR  SURGICAL  CENTER  UNDER  ARTICLE  TWENTY-EIGHT OF THE PUBLIC
   45  HEALTH LAW AND SHALL ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE
   46  SERVICES PURSUANT TO THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G  OF  THE
   47  EXECUTIVE  LAW OR THE CORRECTION LAW IF SUCH FACILITY IS OPERATED BY THE
   48  STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A PUBLIC  AUTHORITY  OR
   49  PUBLIC BENEFIT CORPORATION is performing an assigned duty.
   50    S 2. This act shall take effect on the first of November next succeed-
   51  ing  the  date  on  which it shall have become a law; provided, however,
   52  that if chapter 259 of the laws of 2013 shall not have taken  effect  on
   53  or  before  such  date,  this  act shall take effect on the same date as
   54  chapter 259 of the laws of 2013, takes effect.