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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4160
                              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
       AN ACT to amend the penal law, in relation to assault on district attor-
         neys and assistant district attorneys
         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, DISTRICT
    5  ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY,  ASSISTANT  ATTORNEY  GENERAL,
    6  registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
    7  agent, New York city sanitation worker, a firefighter, including a fire-
    8  fighter acting as a paramedic or emergency medical  technician  adminis-
    9  tering first aid in the course of performance of duty as such firefight-
   10  er,  an emergency medical service paramedic or emergency medical service
   11  technician, or medical or related  personnel  in  a  hospital  emergency
   12  department,  a  city  marshal,  a traffic enforcement officer or traffic
   13  enforcement agent, from performing a lawful  duty,  by  means  including
   14  releasing  or  failing to control an animal under circumstances evincing
   15  the actor's intent that the animal obstruct the lawful activity of  such
   16  peace  officer,  police  officer,  DISTRICT ATTORNEY, ASSISTANT DISTRICT
   17  ATTORNEY, ASSISTANT ATTORNEY GENERAL, registered nurse, licensed practi-
   18  cal nurse, sanitation enforcement agent, New York city sanitation  work-
   19  er,  firefighter,  paramedic, technician, city marshal, traffic enforce-
   20  ment officer or traffic enforcement agent, he  or  she  causes  physical
   21  injury to such peace officer, police officer, DISTRICT ATTORNEY, ASSIST-
   22  ANT  DISTRICT  ATTORNEY,  ASSISTANT  ATTORNEY GENERAL, registered nurse,
   23  licensed practical nurse, sanitation enforcement agent,  New  York  city
   24  sanitation  worker,  firefighter,  paramedic,  technician  or medical or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04385-01-3
       S. 4160                             2
    1  related personnel in a  hospital  emergency  department,  city  marshal,
    2  traffic enforcement officer or traffic enforcement agent; or
    3    S  2. Subdivision 11 of section 120.05 of the penal law, as amended by
    4  chapter 377 of the laws of 2012, is amended to read as follows:
    5    11. With intent to cause physical injury to a train  operator,  ticket
    6  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
    7  employed by any transit agency, authority or company, public or private,
    8  whose operation is authorized by New York state or any of its  political
    9  subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
   10  enforcement  agent,  DISTRICT  ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY,
   11  ASSISTANT  ATTORNEY GENERAL, sanitation enforcement agent, New York city
   12  sanitation worker, registered nurse or licensed practical  nurse  he  or
   13  she  causes  physical  injury  to such train operator, ticket inspector,
   14  conductor, signalperson, bus operator or station  agent,  city  marshal,
   15  traffic  enforcement officer, traffic enforcement agent, DISTRICT ATTOR-
   16  NEY, ASSISTANT DISTRICT ATTORNEY, ASSISTANT ATTORNEY GENERAL, registered
   17  nurse [or], licensed practical nurse, sanitation  enforcement  agent  or
   18  New  York  city  sanitation worker, while such employee is performing an
   19  assigned duty on, or directly related to, the operation of  a  train  or
   20  bus, or such city marshal, traffic enforcement officer, traffic enforce-
   21  ment  agent,  DISTRICT  ATTORNEY, ASSISTANT DISTRICT ATTORNEY, ASSISTANT
   22  ATTORNEY GENERAL, registered nurse [or], licensed practical nurse, sani-
   23  tation enforcement agent or New York city sanitation worker, is perform-
   24  ing an assigned duty.
   25    S 3. This act shall take effect on the one hundred eightieth day after
   26  it shall have become a law.