Bill Text: NY S05479 | 2023-2024 | General Assembly | Introduced

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Bill Title: Elevates an assault of a retail worker to the class D felony of assault in the second degree.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S05479 Detail]

Download: New_York-2023-S05479-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5479

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 6, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- 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
          retail worker 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 [or], employee of
    16  any entity governed by the public service law in the course of  perform-
    17  ing  an  essential  service,  or  retail worker from performing a lawful
    18  duty, by means including releasing or failing to control an animal under
    19  circumstances evincing the actor's intent that the animal  obstruct  the
    20  lawful  activity  of  such  peace officer, police officer, prosecutor as
    21  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    22  dure law, registered nurse,  licensed  practical  nurse,  public  health
    23  sanitarian,  New York city public health sanitarian, sanitation enforce-
    24  ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
    25  technician,  city  marshal,  school crossing guard appointed pursuant to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09926-01-3
        S. 5479                             2

     1  section two hundred  eight-a  of  the  general  municipal  law,  traffic
     2  enforcement  officer,  traffic  enforcement  agent  [or], employee of an
     3  entity governed by the public service law, or retail worker, he  or  she
     4  causes physical injury to such peace officer, police officer, prosecutor
     5  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, firefighter, paramedic,
     9  technician or medical or  related  personnel  in  a  hospital  emergency
    10  department,  city  marshal,  school  crossing guard, traffic enforcement
    11  officer, traffic enforcement agent [or], employee of an entity  governed
    12  by the public service law, or retail worker; or
    13    § 2. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.