Bill Text: NY A04738 | 2015-2016 | General Assembly | Amended
Bill Title: Elevates assault of a utility worker in the second degree to a class D felony; includes an employee of an entity governed by the public service law within such provisions.
Spectrum: Moderate Partisan Bill (Democrat 18-2)
Status: (Introduced - Dead) 2016-06-17 - substituted by s2251a [A04738 Detail]
Download: New_York-2015-A04738-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4738--A 2015-2016 Regular Sessions IN ASSEMBLY February 5, 2015 ___________ Introduced by M. of A. MOYA, RUSSELL, SKOUFIS, ZEBROWSKI, BRINDISI, SCHIMMINGER, WEPRIN, BRAUNSTEIN, QUART, KIM, PICHARDO, DILAN, PAULIN -- 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 elevating an assault of a utility worker to the class D felony of assault in the second degree 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 472 of the laws of 2015, 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, public health 7 sanitarian, New York city public health sanitarian, sanitation enforce- 8 ment agent, New York city sanitation worker, a firefighter, including a 9 firefighter acting as a paramedic or emergency medical technician admin- 10 istering first aid in the course of performance of duty as such fire- 11 fighter, an emergency medical service paramedic or emergency medical 12 service technician, or medical or related personnel in a hospital emer- 13 gency department, a city marshal, a school crossing guard appointed 14 pursuant to section two hundred eight-a of the general municipal law, a 15 traffic enforcement officer [or], traffic enforcement agent or employee 16 of any entity governed by the public service law in the course of 17 performing an essential service, from performing a lawful duty, by means 18 including releasing or failing to control an animal under circumstances 19 evincing the actor's intent that the animal obstruct the lawful activity 20 of such peace officer, police officer, prosecutor as defined in subdivi- 21 sion thirty-one of section 1.20 of the criminal procedure law, regis- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04667-03-6
