Bill Text: NY S04160 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to assault with intent to prevent a prosecutor or while the prosecutor is in performance of assigned duties is deemed assault in the 2nd degree.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-07-31 - SIGNED CHAP.259 [S04160 Detail]

Download: New_York-2013-S04160-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4160--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 12, 2013
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the penal law, in relation to assault on a prosecutor
         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 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, sanitation
    7  enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
    8  including a firefighter acting as a paramedic or emergency medical tech-
    9  nician  administering  first aid in the course of performance of duty as
   10  such firefighter, an emergency medical service  paramedic  or  emergency
   11  medical  service technician, or medical or related personnel in a hospi-
   12  tal emergency department, a city marshal, a traffic enforcement  officer
   13  or  traffic  enforcement  agent, from performing a lawful duty, by means
   14  including releasing or failing to control an animal under  circumstances
   15  evincing the actor's intent that the animal obstruct the lawful activity
   16  of such peace officer, police officer, PROSECUTOR AS DEFINED IN SUBDIVI-
   17  SION  THIRTY-ONE  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, regis-
   18  tered nurse, licensed practical nurse, sanitation enforcement agent, New
   19  York city sanitation worker, firefighter,  paramedic,  technician,  city
   20  marshal, traffic enforcement officer or traffic enforcement agent, he or
   21  she causes physical injury to such peace officer, police officer, PROSE-
   22  CUTOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMI-
   23  NAL  PROCEDURE  LAW, registered nurse, licensed practical nurse, sanita-
   24  tion enforcement agent, New York city  sanitation  worker,  firefighter,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04385-03-3
       S. 4160--A                          2
    1  paramedic,  technician  or  medical  or  related personnel in a hospital
    2  emergency department, city marshal, traffic enforcement officer or traf-
    3  fic enforcement agent; or
    4    S  2. Subdivision 11 of section 120.05 of the penal law, as amended by
    5  chapter 377 of the laws of 2012, is amended to read as follows:
    6    11. With intent to cause physical injury to a train  operator,  ticket
    7  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
    8  employed by any transit agency, authority or company, public or private,
    9  whose operation is authorized by New York state or any of its  political
   10  subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
   11  enforcement agent, PROSECUTOR AS DEFINED IN  SUBDIVISION  THIRTY-ONE  OF
   12  SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE  LAW, sanitation enforcement
   13  agent, New York city sanitation worker,  registered  nurse  or  licensed
   14  practical nurse he or she causes physical injury to such train operator,
   15  ticket  inspector,  conductor,  signalperson,  bus  operator  or station
   16  agent, city marshal, traffic enforcement  officer,  traffic  enforcement
   17  agent,  PROSECUTOR  AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20
   18  OF THE CRIMINAL PROCEDURE LAW, registered nurse [or], licensed practical
   19  nurse, sanitation enforcement agent or New York city sanitation  worker,
   20  while  such  employee  is  performing  an  assigned duty on, or directly
   21  related to, the operation of a train or bus, or such city marshal, traf-
   22  fic  enforcement  officer,  traffic  enforcement  agent,  PROSECUTOR  AS
   23  DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL PROCE-
   24  DURE  LAW,  registered  nurse [or], licensed practical nurse, sanitation
   25  enforcement agent or New York city sanitation worker, is  performing  an
   26  assigned duty.
   27    S 3. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law.