Bill Text: NY A02394 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Provides that an assault on certain public agents while in the performance of their duties shall be second degree assault regardless of whether or not the injury was a serious physical injury.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-12-07 - enacting clause stricken [A02394 Detail]

Download: New_York-2015-A02394-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2394
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2015
                                      ___________
       Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to  amend  the penal law, in relation to the assault of certain
         public agents while in the performance of their duties
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  3  of  section  120.05  of the penal law, as
    2  amended by chapter 196 of the laws  of  2014,  is  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  school crossing guard
   13  appointed pursuant to section two hundred eight-a of the general munici-
   14  pal law, a traffic enforcement officer  or  traffic  enforcement  agent,
   15  from  performing  a lawful duty, by means including releasing or failing
   16  to control an animal under circumstances  evincing  the  actor's  intent
   17  that  the  animal  obstruct  the  lawful activity of such peace officer,
   18  police officer, prosecutor  as  defined  in  subdivision  thirty-one  of
   19  section  1.20  of the criminal procedure law, registered nurse, licensed
   20  practical nurse, sanitation enforcement agent, New York city  sanitation
   21  worker,  firefighter, paramedic, technician, city marshal, school cross-
   22  ing guard appointed pursuant to  section  two  hundred  eight-a  of  the
   23  general  municipal  law, traffic enforcement officer or traffic enforce-
   24  ment agent, he or she causes physical  injury  to  such  peace  officer,
   25  police  officer,  prosecutor  as  defined  in  subdivision thirty-one of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03470-01-5
       A. 2394                             2
    1  section 1.20 of the criminal procedure law, registered  nurse,  licensed
    2  practical  nurse, sanitation enforcement agent, New York city sanitation
    3  worker, firefighter, paramedic, technician or medical or related person-
    4  nel  in  a  hospital emergency department, city marshal, school crossing
    5  guard, traffic enforcement officer or traffic  enforcement  agent  IRRE-
    6  SPECTIVE OF WHETHER THE INJURY IS SERIOUS PHYSICAL INJURY; or
    7    S 2. This act shall take effect immediately.