Bill Text: NY S05116 | 2023-2024 | 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 4-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S05116 Detail]
Download: New_York-2023-S05116-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5116 2023-2024 Regular Sessions IN SENATE February 23, 2023 ___________ Introduced by Sen. OBERACKER -- 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 amended by chapter 233 of the laws of 2022, are amended to 4 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. LBD09168-01-3S. 5116 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, terminal cleaner, station customer assistant; person whose 18 official duties include the sale or collection of tickets, passes, 19 vouchers, or other revenue payment media for use on a train or bus or 20 the collection or handling of revenues therefrom; a person whose offi- 21 cial duties include the maintenance, repair, inspection, troubleshoot- 22 ing, testing or cleaning of buses, a transit signal system, elevated or 23 underground subway tracks, transit station structure, including fare 24 equipment, escalators, elevators and other equipment necessary to 25 passenger service, commuter rail tracks or stations, train yard, revenue 26 train in passenger service, or a train or bus station or terminal; or a 27 supervisor of such personnel, employed by any transit or commuter rail 28 agency, authority or company, public or private, whose operation is 29 authorized by New York state or any of its political subdivisions, a 30 city marshal, a school crossing guard appointed pursuant to section two 31 hundred eight-a of the general municipal law, a traffic enforcement 32 officer, traffic enforcement agent, prosecutor as defined in subdivision 33 thirty-one of section 1.20 of the criminal procedure law, sanitation 34 enforcement agent, New York city sanitation worker, public health sani- 35 tarian, New York city public health sanitarian, registered nurse, 36 licensed practical nurse, emergency medical service paramedic, [or] 37 emergency medical service technician, or a registered security guard in 38 a hospital or health care facility, he or she causes physical injury to 39 such train operator, ticket inspector, conductor, signalperson, bus 40 operator, station agent, station cleaner, terminal cleaner, station 41 customer assistant; person whose official duties include the sale or 42 collection of tickets, passes, vouchers or other revenue payment media 43 for use on a train or bus or the collection or handling of revenues 44 therefrom; a person whose official duties include the maintenance, 45 repair, inspection, troubleshooting, testing or cleaning of buses, a 46 transit signal system, elevated or underground subway tracks, transit 47 station structure, including fare equipment, escalators, elevators and 48 other equipment necessary to passenger service, commuter rail tracks or 49 stations, train yard, revenue train in passenger service, or a train or 50 bus station or terminal; or a supervisor of such personnel, city 51 marshal, school crossing guard appointed pursuant to section two hundred 52 eight-a of the general municipal law, traffic enforcement officer, traf- 53 fic enforcement agent, prosecutor as defined in subdivision thirty-one 54 of section 1.20 of the criminal procedure law, registered nurse, 55 licensed practical nurse, public health sanitarian, New York city public 56 health sanitarian, sanitation enforcement agent, New York city sanita-S. 5116 3 1 tion worker, emergency medical service paramedic, [or] emergency medical 2 service technician, or a registered security guard in a hospital or 3 health care facility, while such employee is performing an assigned duty 4 on, or directly related to, the operation of a train or bus, cleaning of 5 a train or bus station or terminal, assisting customers, the sale or 6 collection of tickets, passes, vouchers, or other revenue media for use 7 on a train or bus, or maintenance or cleaning of a train, a bus, or bus 8 station or terminal, signal system, elevated or underground subway 9 tracks, transit station structure, including fare equipment, escalators, 10 elevators and other equipment necessary to passenger service, commuter 11 rail tracks or stations, train yard or revenue train in passenger 12 service, or such city marshal, school crossing guard, traffic enforce- 13 ment officer, traffic enforcement agent, prosecutor as defined in subdi- 14 vision thirty-one of section 1.20 of the criminal procedure law, regis- 15 tered nurse, licensed practical nurse, public health sanitarian, New 16 York city public health sanitarian, sanitation enforcement agent, New 17 York city sanitation worker, emergency medical service paramedic, [or] 18 emergency medical service technician, or a registered security guard in 19 a hospital or health care facility, is performing an assigned duty; or 20 § 2. This act shall take effect on the ninetieth day after it shall 21 have become a law.
