Bill Text: NY S00773 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the offenses of reckless endangerment of an emergency service person in the first and second degrees.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S00773 Detail]

Download: New_York-2017-S00773-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           773
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced by Sens. CARLUCCI, VALESKY -- 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 establishing the offenses
          of reckless endangerment of an emergency service person in  the  first
          degree and reckless endangerment of an emergency service person 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. The penal law is  amended  by  adding  three  new  sections
     2  120.26, 120.27 and 120.28 to read as follows:
     3  § 120.26 Definitions.
     4    For the purposes of sections 120.27 and 120.28 of this article, "emer-
     5  gency service person" shall mean any of the following persons:
     6    1. a firefighter;
     7    2. a police officer;
     8    3. a peace officer;
     9    4. an emergency services professional;
    10    5. a code enforcement officer;
    11    6. a fire inspection personnel; or
    12    7. a building inspector.
    13  § 120.27 Reckless  endangerment  of  an  emergency service person in the
    14             second degree.
    15    A person is guilty of reckless endangerment of  an  emergency  service
    16  person  in  the  second  degree  when, knowing that a building permit is
    17  required and without obtaining such permit, he or she alters,  converts,
    18  encloses,   subdivides  or  partitions  any  building  or  structure  in
    19  violation of the New York state uniform  fire  prevention  and  building
    20  code or any other provision of general, special or local law, ordinance,
    21  administrative  code, rule or regulation addressing standards for build-
    22  ing construction and fire prevention in a manner that impedes a person's
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01798-01-7
        S. 773                              2
     1  egress and during a fire or other emergency evacuation and such  conduct
     2  results in the injury of an emergency service person.
     3    Reckless  endangerment  of  an  emergency service person in the second
     4  degree is a class E felony.
     5  § 120.28 Reckless endangerment of an emergency  service  person  in  the
     6             first degree.
     7    A  person  is  guilty of reckless endangerment of an emergency service
     8  person in the first degree when he or she commits the crime of  reckless
     9  endangerment of an emergency service person in the second degree and:
    10    1. during such fire or other emergency evacuation such conduct results
    11  in the death of an emergency service person; or
    12    2. has previously been convicted within the last ten years of reckless
    13  endangerment  of  an  emergency  service  person  in the first or second
    14  degree.
    15    Reckless endangerment of an emergency  service  person  in  the  first
    16  degree is a class D felony.
    17    § 2. This act shall take effect on the first of November next succeed-
    18  ing the date on which it shall have become a law.