Bill Text: NY S00643 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to protecting registered security guards in a hospital or health care facility from assault; makes such assault a class D felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CODES [S00643 Detail]

Download: New_York-2017-S00643-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           643
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law,  in  relation  to  protecting  registered
          security guards in a hospital or health care facility from assault
          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 nurse, licensed practical nurse, public health
     8  sanitarian,  New York city public health sanitarian, sanitation enforce-
     9  ment agent, New York city sanitation worker, a firefighter, including  a
    10  firefighter acting as a paramedic or emergency medical technician admin-
    11  istering  first  aid  in the course of performance of duty as such fire-
    12  fighter, an emergency medical service  paramedic  or  emergency  medical
    13  service  technician, or medical or related personnel in a hospital emer-
    14  gency department, a registered security guard in a  hospital  or  health
    15  care  facility, a city marshal, a school crossing guard appointed pursu-
    16  ant to section two hundred eight-a of the general municipal law, a traf-
    17  fic enforcement officer, traffic enforcement agent or  employee  of  any
    18  entity governed by the public service law in the course of performing an
    19  essential  service,  from  performing  a lawful duty, by means including
    20  releasing or failing to control an animal under  circumstances  evincing
    21  the  actor's intent that the animal obstruct the lawful activity of such
    22  peace officer, police officer,  prosecutor  as  defined  in  subdivision
    23  thirty-one  of  section  1.20  of the criminal procedure law, registered
    24  nurse, licensed practical nurse, public health sanitarian, New York city
    25  public health sanitarian, sanitation enforcement agent,  New  York  city
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05519-01-7

        S. 643                              2
     1  sanitation  worker,  firefighter,  paramedic,  technician, city marshal,
     2  school crossing guard appointed pursuant to section two hundred  eight-a
     3  of  the  general  municipal  law,  traffic  enforcement officer, traffic
     4  enforcement  agent  or  employee  of  an  entity  governed by the public
     5  service law, he or she causes physical injury  to  such  peace  officer,
     6  police  officer,  prosecutor  as  defined  in  subdivision thirty-one of
     7  section 1.20 of the criminal procedure law, registered  nurse,  licensed
     8  practical  nurse,  public health sanitarian, New York city public health
     9  sanitarian, sanitation enforcement agent, New York city sanitation work-
    10  er, firefighter, paramedic, technician or medical or  related  personnel
    11  in  a  hospital  emergency  department, a registered security guard in a
    12  hospital or health care facility, city marshal, school  crossing  guard,
    13  traffic enforcement officer, traffic enforcement agent or employee of an
    14  entity governed by the public service law; or
    15    11.  With  intent to cause physical injury to a train operator, ticket
    16  inspector, conductor, signalperson, bus operator, station agent, station
    17  cleaner or terminal cleaner employed by any transit agency, authority or
    18  company, public or private, whose operation is authorized  by  New  York
    19  state  or  any  of  its political subdivisions, a city marshal, a school
    20  crossing guard appointed pursuant to section two hundred eight-a of  the
    21  general  municipal  law, a traffic enforcement officer, traffic enforce-
    22  ment agent, prosecutor as defined in subdivision thirty-one  of  section
    23  1.20  of  the  criminal procedure law, sanitation enforcement agent, New
    24  York city sanitation worker, public health  sanitarian,  New  York  city
    25  public  health  sanitarian,  registered nurse, licensed practical nurse,
    26  emergency medical service paramedic, or emergency medical service  tech-
    27  nician,  or  a  registered  security  guard in a hospital or health care
    28  facility, he or she causes physical injury to such train operator, tick-
    29  et inspector, conductor,  signalperson,  bus  operator,  station  agent,
    30  station cleaner or terminal cleaner, city marshal, school crossing guard
    31  appointed pursuant to section two hundred eight-a of the general munici-
    32  pal  law, traffic enforcement officer, traffic enforcement agent, prose-
    33  cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
    34  nal procedure law, registered nurse, licensed  practical  nurse,  public
    35  health  sanitarian,  New  York city public health sanitarian, sanitation
    36  enforcement agent, New York city sanitation  worker,  emergency  medical
    37  service  paramedic,  [or]  emergency  medical  service  technician, or a
    38  registered security guard in a hospital or health care  facility,  while
    39  such employee is performing an assigned duty on, or directly related to,
    40  the  operation  of  a train or bus, including the cleaning of a train or
    41  bus station or terminal, or such city marshal,  school  crossing  guard,
    42  traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
    43  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    44  dure law, registered nurse,  licensed  practical  nurse,  public  health
    45  sanitarian,  New York city public health sanitarian, sanitation enforce-
    46  ment agent, New York city sanitation worker, emergency  medical  service
    47  paramedic,  [or]  emergency  medical service technician, or a registered
    48  security guard in a hospital or health care facility, is  performing  an
    49  assigned duty; or
    50    §  2.  This  act shall take effect on the ninetieth day after it shall
    51  have become a law.
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