STATE OF NEW YORK
________________________________________________________________________
4925
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to assaults on department of
sanitation workers and nursing professionals
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 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
3 sion 11 as separately amended by chapters 268 and 281 of the laws of
4 2016, are amended to read as follows:
5 3. With intent to prevent a peace officer, a police officer, prosecu-
6 tor as defined in subdivision thirty-one of section 1.20 of the criminal
7 procedure law, [registered] a nursing professional including nurse prac-
8 titioner, certified or licensed nurse practitioners, certified nursing
9 assistants, licensed practical [nurse] nurses, public health sanitarian,
10 New York city public health sanitarian, sanitation enforcement agent,
11 [New York city] sanitation worker, a firefighter, including a firefight-
12 er acting as a paramedic or emergency medical technician administering
13 first aid in the course of performance of duty as such firefighter, an
14 emergency medical service paramedic or emergency medical service techni-
15 cian, or medical or related personnel in a hospital emergency depart-
16 ment, a city marshal, a school crossing guard appointed pursuant to
17 section two hundred eight-a of the general municipal law, a traffic
18 enforcement officer, traffic enforcement agent or employee of any entity
19 governed by the public service law in the course of performing an essen-
20 tial service, from performing a lawful duty, by means including releas-
21 ing or failing to control an animal under circumstances evincing the
22 actor's intent that the animal obstruct the lawful activity of such
23 peace officer, police officer, prosecutor as defined in subdivision
24 thirty-one of section 1.20 of the criminal procedure law, [registered
25 nurse, licensed practical nurse] nursing professional, public health
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09010-01-9
A. 4925 2
1 sanitarian, New York city public health sanitarian, sanitation enforce-
2 ment agent, [New York city] sanitation worker, firefighter, paramedic,
3 technician, city marshal, school crossing guard appointed pursuant to
4 section two hundred eight-a of the general municipal law, traffic
5 enforcement officer, traffic enforcement agent or employee of an entity
6 governed by the public service law, he or she causes physical injury to
7 such peace officer, police officer, prosecutor as defined in subdivision
8 thirty-one of section 1.20 of the criminal procedure law, [registered
9 nurse, licensed practical nurse] nursing professional, public health
10 sanitarian, New York city public health sanitarian, sanitation enforce-
11 ment agent, [New York city] sanitation worker, firefighter, paramedic,
12 technician or medical or related personnel in a hospital emergency
13 department, city marshal, school crossing guard, traffic enforcement
14 officer, traffic enforcement agent or employee of an entity governed by
15 the public service law; or
16 11. With intent to cause physical injury to a train operator, ticket
17 inspector, conductor, signalperson, bus operator, station agent, station
18 cleaner or terminal cleaner employed by any transit agency, authority or
19 company, public or private, whose operation is authorized by New York
20 state or any of its political subdivisions, a city marshal, a school
21 crossing guard appointed pursuant to section two hundred eight-a of the
22 general municipal law, a traffic enforcement officer, traffic enforce-
23 ment agent, prosecutor as defined in subdivision thirty-one of section
24 1.20 of the criminal procedure law, sanitation enforcement agent, [New
25 York city] sanitation worker, public health sanitarian, New York city
26 public health sanitarian, [registered] a nursing professional including
27 nurse[,] practitioners, or certified licensed practical [nurse] nurses,
28 emergency medical service paramedic, or emergency medical service tech-
29 nician, he or she causes physical injury to such train operator, ticket
30 inspector, conductor, signalperson, bus operator, station agent, station
31 cleaner or terminal cleaner, city marshal, school crossing guard
32 appointed pursuant to section two hundred eight-a of the general munici-
33 pal law, traffic enforcement officer, traffic enforcement agent, prose-
34 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
35 nal procedure law, [registered nurse, licensed practical nurse] nursing
36 professional, public health sanitarian, New York city public health
37 sanitarian, sanitation enforcement agent, [New York city] sanitation
38 worker, emergency medical service paramedic, or emergency medical
39 service technician, while such employee is performing an assigned duty
40 on, or directly related to, the operation of a train or bus, including
41 the cleaning of a train or bus station or terminal, or such city
42 marshal, school crossing guard, traffic enforcement officer, traffic
43 enforcement agent, prosecutor as defined in subdivision thirty-one of
44 section 1.20 of the criminal procedure law, [registered nurse, licensed
45 practical nurse] nursing professional, public health sanitarian, New
46 York city public health sanitarian, sanitation enforcement agent, [New
47 York city] sanitation worker, emergency medical service paramedic, or
48 emergency medical service technician is performing an assigned duty; or
49 § 2. This act shall take effect on the ninetieth day after it shall
50 have become a law.