Bill Text: NY S05428 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to assault on a peace officer, police officer, firefighter, emergency medical services professional, sanitation enforcement agent or New York city sanitation worker.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05428 Detail]
Download: New_York-2017-S05428-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5428--A 2017-2018 Regular Sessions IN SENATE March 28, 2017 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- 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 peace offi- cer, police officer, firefighter, emergency medical services profes- sional, sanitation enforcement agent or New York city sanitation work- er The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 120.08 of the penal law, as added by chapter 632 of 2 the laws of 1996, is amended to read as follows: 3 § 120.08 Assault on a peace officer, police officer, [fireman or] fire- 4 fighter, emergency medical services professional, sanitation 5 enforcement agent or New York city sanitation worker in the 6 first degree. 7 A person is guilty of assault on a peace officer, police officer, 8 [fireman or] firefighter, emergency medical services professional, 9 sanitation enforcement agent or New York city sanitation worker in the 10 first degree when, with intent to prevent a peace officer, police offi- 11 cer, a [fireman] firefighter, including a [fireman] firefighter acting 12 as a paramedic or emergency medical technician administering first aid 13 in the course of performance of duty as such [fireman] firefighter, [or] 14 an emergency medical service paramedic or emergency medical service 15 technician, sanitation enforcement agent or New York city sanitation 16 worker from performing a lawful duty, he or she causes serious physical 17 injury to such peace officer, police officer, [fireman] firefighter, 18 paramedic [or], technician, sanitation enforcement agent or New York 19 city sanitation worker. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10792-04-8S. 5428--A 2 1 Assault on a peace officer, police officer, [fireman or] firefighter, 2 emergency medical services professional, sanitation enforcement agent or 3 New York city sanitation worker in the first degree is a class C felony. 4 § 2. The penal law is amended by adding a new section 120.08-a to read 5 as follows: 6 § 120.08-a Assault on a peace officer, police officer, firefighter, 7 emergency medical services professional, sanitation 8 enforcement agent or New York city sanitation worker in the 9 second degree. 10 A person is guilty of assault on a peace officer, police officer, 11 firefighter, emergency medical services professional, sanitation 12 enforcement agent or New York city sanitation worker in the second 13 degree when, with intent to prevent a peace officer, police officer, a 14 firefighter, including a firefighter acting as a paramedic or emergency 15 medical technician administering first aid in the course of performance 16 of duty as such firefighter, an emergency medical service paramedic or 17 emergency medical service technician, sanitation enforcement agent, or 18 New York city sanitation worker from performing a lawful duty, he or she 19 causes physical injury to such peace officer, police officer, firefight- 20 er, paramedic, technician, sanitation enforcement agent or New York city 21 sanitation worker. 22 Assault on a peace officer, police officer, firefighter, emergency 23 medical services professional, sanitation enforcement agent or New York 24 city sanitation worker in the second degree is a class D felony. 25 § 3. This act shall take effect on the first of November next succeed- 26 ing the date on which it shall have become a law.
