Bill Text: NY S03924 | 2019-2020 | General Assembly | Introduced


Bill Title: Elevates assault of a code enforcement official in the second degree to a class D felony.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2019-02-21 - REFERRED TO CODES [S03924 Detail]

Download: New_York-2019-S03924-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3924
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
                                       ___________
        Introduced  by  Sens. SEWARD, TEDISCO -- 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 elevating an assault of  a
          code  enforcement  official  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 267 of the laws  of  2016,  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, traffic enforcement agent, code enforcement
    16  official,  or  employee of any entity governed by the public service law
    17  in the course of performing an  essential  service,  from  performing  a
    18  lawful  duty,  by  means  including  releasing  or failing to control an
    19  animal under circumstances evincing the actor's intent that  the  animal
    20  obstruct  the  lawful  activity  of  such peace officer, police officer,
    21  prosecutor as defined in subdivision thirty-one of section 1.20  of  the
    22  criminal  procedure  law,  registered  nurse,  licensed practical nurse,
    23  public health sanitarian, New York city public health sanitarian,  sani-
    24  tation  enforcement agent, New York city sanitation worker, firefighter,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09555-01-9

        S. 3924                             2
     1  paramedic, technician, city marshal,  school  crossing  guard  appointed
     2  pursuant  to  section  two hundred eight-a of the general municipal law,
     3  traffic enforcement officer, traffic enforcement agent, code enforcement
     4  official,  or  employee of an entity governed by the public service law,
     5  he or she causes physical injury to such peace officer, police  officer,
     6  prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
     7  criminal procedure law,  registered  nurse,  licensed  practical  nurse,
     8  public  health sanitarian, New York city public health sanitarian, sani-
     9  tation enforcement agent, New York city sanitation worker,  firefighter,
    10  paramedic,  technician  or  medical  or  related personnel in a hospital
    11  emergency department,  city  marshal,  school  crossing  guard,  traffic
    12  enforcement  officer,  traffic enforcement agent, code enforcement offi-
    13  cial, or employee of an entity governed by the public service law; or
    14    § 2. This act shall take effect on the first of November next succeed-
    15  ing the date on which it shall have become a law.
feedback