Bill Text: NY A06079 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 6079 (Prior Session Legislation)

Introduced

Bill Title: Relates to the assault of certain public agents during the performance of their duties; establishes the crime of reckless assault upon an emergency medical service paramedic or emergency medical service technician.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A06079 Detail]

Download: New_York-2013-A06079-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6079
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 14, 2013
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the penal law, in relation to the assault of certain
         public agents during 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 377 of the laws  of  2012,  is  amended  to  read  as
    3  follows:
    4    3.  With  intent to [prevent] CAUSE PHYSICAL INJURY AND WITH KNOWLEDGE
    5  THAT a peace officer, a police officer, registered nurse, licensed prac-
    6  tical nurse, sanitation enforcement  agent,  New  York  city  sanitation
    7  worker,  a firefighter, including a firefighter acting as a paramedic or
    8  emergency medical technician administering first aid in  the  course  of
    9  performance  of  duty  as such firefighter, an emergency medical service
   10  paramedic or emergency medical service technician, or medical or related
   11  personnel in a hospital emergency department, a city marshal, a  traffic
   12  enforcement officer or traffic enforcement agent, [from] IS performing a
   13  lawful  OR  ASSIGNED  duty, OR WITH INTENT TO PREVENT THE PERFORMANCE OF
   14  SUCH DUTY by means including releasing or failing to control  an  animal
   15  under circumstances evincing the actor's intent that the animal obstruct
   16  the  lawful  activity  of such peace officer, police officer, registered
   17  nurse, licensed practical nurse, sanitation enforcement agent, New  York
   18  city   sanitation   worker,  firefighter,  paramedic,  technician,  city
   19  marshal, traffic enforcement officer or traffic enforcement agent, he or
   20  she causes physical injury to such peace officer, police officer, regis-
   21  tered nurse, licensed practical nurse, sanitation enforcement agent, New
   22  York city  sanitation  worker,  firefighter,  paramedic,  technician  or
   23  medical  or  related  personnel in a hospital emergency department, city
   24  marshal, traffic enforcement officer or traffic enforcement agent, IRRE-
   25  SPECTIVE OF WHETHER SUCH  ASSAULT  RESULTS  IN  IMPAIRMENT  OF  PHYSICAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09793-01-3
       A. 6079                             2
    1  CONDITION  OR  SUBSTANTIAL  PAIN  AND  NOTWITHSTANDING  ANYTHING  TO THE
    2  CONTRARY IN SUBDIVISION NINE OF SECTION 10.00 OF THIS CHAPTER; or
    3    S  2.  The penal law is amended by adding a new section 120.75 to read
    4  as follows:
    5  S 120.75 RECKLESS ASSAULT UPON AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR
    6             EMERGENCY MEDICAL SERVICE TECHNICIAN.
    7    A PERSON IS GUILTY OF  RECKLESS  ASSAULT  UPON  AN  EMERGENCY  MEDICAL
    8  SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHEN HE OR SHE
    9  RECKLESSLY  CAUSES  PHYSICAL  INJURY  TO  AN  EMERGENCY  MEDICAL SERVICE
   10  PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHILE  SUCH  EMERGENCY
   11  MEDICAL  SERVICE  PARAMEDIC  OR  EMERGENCY MEDICAL SERVICE TECHNICIAN IS
   12  PERFORMING A LAWFUL OR  ASSIGNED  DUTY,  IRRESPECTIVE  OF  WHETHER  SUCH
   13  ASSAULT  RESULTS IN IMPAIRMENT OF PHYSICAL CONDITION OR SUBSTANTIAL PAIN
   14  AND NOTWITHSTANDING ANYTHING TO THE  CONTRARY  IN  SUBDIVISION  NINE  OF
   15  SECTION 10.00 OF THIS CHAPTER.
   16    RECKLESS  ASSAULT UPON AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMER-
   17  GENCY MEDICAL SERVICE TECHNICIAN IS A CLASS E FELONY.
   18    S 3. Paragraph (d) of subdivision 1 of section 70.02 of the penal law,
   19  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
   20  follows:
   21    (d)  Class  E violent felony offenses: an attempt to commit any of the
   22  felonies of criminal possession of a  weapon  in  the  third  degree  as
   23  defined  in subdivision five, six, seven or eight of section 265.02 as a
   24  lesser included offense of that section as defined in section 220.20  of
   25  the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
   26  section 130.53, aggravated sexual abuse in the fourth degree as  defined
   27  in  section 130.65-a, falsely reporting an incident in the second degree
   28  as defined in section 240.55 [and], placing a false  bomb  or  hazardous
   29  substance  in  the second degree as defined in section 240.61, AND RECK-
   30  LESS ASSAULT UPON AN EMERGENCY MEDICAL SERVICE  PARAMEDIC  OR  EMERGENCY
   31  MEDICAL SERVICE TECHNICIAN AS DEFINED IN SECTION 120.75.
   32    S 4. This act shall take effect immediately.