Bill Text: NY A03103 | 2009-2010 | General Assembly | Amended

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Bill Title: Adds registered nurse and licensed practical nurse to assault of emergency medical professionals and provides for class C and D felonies for physical injury to them.

Spectrum: Moderate Partisan Bill (Democrat 52-9)

Status: (Passed) 2010-08-13 - signed chap.318 [A03103 Detail]

Download: New_York-2009-A03103-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3103--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced by M. of A. KOON, PHEFFER, ZEBROWSKI, ENGLEBRIGHT, SCHROEDER,
         SPANO,  GUNTHER,  SCHIMEL, JAFFEE, HOYT, PERRY, RAMOS, TITONE, CAMARA,
         COLTON, CLARK, ORTIZ, BARRON, ALESSI, BROOK-KRASNY, MAYERSOHN, GIBSON,
         FIELDS, LANCMAN, HYER-SPENCER, LIFTON, SKARTADOS, BENEDETTO, CHRISTEN-
         SEN, GALEF, MAISEL, RUSSELL, DelMONTE -- Multi-Sponsored by --  M.  of
         A.  ABBATE,  BARRA, BURLING, COOK, CYMBROWITZ, DESTITO, DUPREY, HAYES,
         HEASTIE, HOOPER, JOHN,  LATIMER,  LAVINE,  P. LOPEZ,  LUPARDO,  MAGEE,
         McDONOUGH,  MENG,  RAIA, ROBINSON, SWEENEY, THIELE, WEISENBERG, WRIGHT
         -- 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 on certain emer-
         gency medical professionals
         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 45 of the  laws  of  2008,  is  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, a firefighter, including a  fire-
    6  fighter  acting  as a paramedic or emergency medical technician adminis-
    7  tering  first  aid  in  the  course  of  performance  of  duty  as  such
    8  firefighter, an emergency medical service paramedic or emergency medical
    9  service  technician, or medical or related personnel in a hospital emer-
   10  gency department, a city marshal, a traffic enforcement officer or traf-
   11  fic enforcement agent, from performing a lawful duty, by means including
   12  releasing or failing to control an animal under  circumstances  evincing
   13  the  actor's intent that the animal obstruct the lawful activity of such
   14  peace officer, police  officer,  REGISTERED  NURSE,  LICENSED  PRACTICAL
   15  NURSE,   firefighter,   paramedic,  technician,  city  marshal,  traffic
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02516-02-0
       A. 3103--A                          2
    1  enforcement officer or traffic enforcement agent, he or she causes phys-
    2  ical injury to such peace officer,  police  officer,  REGISTERED  NURSE,
    3  LICENSED  PRACTICAL NURSE, firefighter, paramedic, technician or medical
    4  or  related  personnel in a hospital emergency department, city marshal,
    5  traffic enforcement officer or traffic enforcement agent; or
    6    S 2. Subdivision 11 of section 120.05 of the penal law, as amended  by
    7  chapter 45 of the laws of 2008, is amended to read as follows:
    8    11.  With  intent to cause physical injury to a train operator, ticket
    9  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
   10  employed by any transit agency, authority or company, public or private,
   11  whose  operation is authorized by New York state or any of its political
   12  subdivisions, a city marshal, a traffic enforcement officer [or],  traf-
   13  fic  enforcement  agent, REGISTERED NURSE OR LICENSED PRACTICAL NURSE he
   14  or she causes physical injury to such train operator, ticket  inspector,
   15  conductor,  signalperson,  bus  operator or station agent, city marshal,
   16  traffic enforcement officer [or], traffic enforcement agent,  REGISTERED
   17  NURSE  OR  LICENSED PRACTICAL NURSE while such employee is performing an
   18  assigned duty on, or directly related to, the operation of  a  train  or
   19  bus,  or  such  city  marshal, traffic enforcement officer [or], traffic
   20  enforcement agent, REGISTERED  NURSE  OR  LICENSED  PRACTICAL  NURSE  is
   21  performing an assigned duty.
   22    S 3. This act shall take effect on the first of November next succeed-
   23  ing the date on which it shall have become a law.