Bill Text: NY S06239 | 2011-2012 | General Assembly | Introduced

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Bill Title: Makes an assault of emergency department personnel while such employee is performing an assigned duty on, or directly related to such hospital emergency department, a felony.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-17 - REFERRED TO CODES [S06239 Detail]

Download: New_York-2011-S06239-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6239
                                   I N  S E N A T E
                                   January 17, 2012
                                      ___________
       Introduced  by  Sen.  ALESI  -- 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 an  assault  of  emergency
         department  personnel  while  such  employee is performing an assigned
         duty in, or directly related to such hospital emergency department
         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 sepa-
    2  rately amended by chapters 318 and 345 of the laws of 2010,  is  amended
    3  to read as follows:
    4    3.  With  intent  to prevent a peace officer, a police officer, regis-
    5  tered nurse, licensed practical nurse, sanitation enforcement  agent,  a
    6  firefighter,  including a firefighter acting as a paramedic or emergency
    7  medical technician administering first aid in the course of  performance
    8  of  duty  as such firefighter, an emergency medical service paramedic or
    9  emergency medical service technician, or medical or related personnel in
   10  a hospital  emergency  department  PERFORMING  ANY  PROFESSIONAL-RELATED
   11  DUTIES,  a  city  marshal,  a  traffic  enforcement  officer  or traffic
   12  enforcement agent, from performing a lawful  duty,  by  means  including
   13  releasing  or  failing to control an animal under circumstances evincing
   14  the actor's intent that the animal obstruct the lawful activity of  such
   15  peace  officer,  police  officer,  registered  nurse, licensed practical
   16  nurse, sanitation enforcement agent, firefighter, paramedic, technician,
   17  city marshal, traffic enforcement officer or traffic enforcement  agent,
   18  he  or she causes physical injury to such peace officer, police officer,
   19  registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
   20  agent,  firefighter, paramedic, technician or medical or related person-
   21  nel in a hospital emergency department WHILE SUCH EMPLOYEE IS PERFORMING
   22  AN ASSIGNED DUTY IN, OR DIRECTLY  RELATED  TO  SUCH  HOSPITAL  EMERGENCY
   23  DEPARTMENT,   city  marshal,  traffic  enforcement  officer  or  traffic
   24  enforcement agent; or
   25    S 2. Subdivision 11 of section 120.05 of the penal law, as  separately
   26  amended  by chapters 318 and 345 of the laws of 2010, is amended to read
   27  as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13399-01-1
       S. 6239                             2
    1    11. With intent to cause physical injury to a train  operator,  ticket
    2  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
    3  employed by any transit agency, authority or company, public or private,
    4  whose operation is authorized by New York state or any of its  political
    5  subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
    6  enforcement agent or sanitation enforcement agent, registered  nurse  or
    7  licensed  practical nurse, TECHNICIAN OR MEDICAL OR RELATED PERSONNEL IN
    8  A HOSPITAL EMERGENCY DEPARTMENT WHILE SUCH  EMPLOYEE  IS  PERFORMING  AN
    9  ASSIGNED DUTY IN, OR DIRECTLY RELATED TO SUCH HOSPITAL EMERGENCY DEPART-
   10  MENT  he  or  she  causes physical injury to such train operator, ticket
   11  inspector, conductor, signalperson, bus operator or station agent,  city
   12  marshal,  traffic enforcement officer, traffic enforcement agent, regis-
   13  tered nurse or licensed practical nurse or sanitation enforcement agent,
   14  while such employee is performing  an  assigned  duty  on,  or  directly
   15  related to, the operation of a train or bus, or such city marshal, traf-
   16  fic  enforcement officer, traffic enforcement agent, registered nurse or
   17  licensed practical nurse or sanitation enforcement agent  is  performing
   18  an  assigned  duty  OR  TECHNICIAN  OR MEDICAL OR RELATED PERSONNEL IN A
   19  HOSPITAL EMERGENCY DEPARTMENT  WHILE  SUCH  EMPLOYEE  IS  PERFORMING  AN
   20  ASSIGNED DUTY IN, OR DIRECTLY RELATED TO SUCH HOSPITAL EMERGENCY DEPART-
   21  MENT.
   22    S 3. This act shall take effect on the first of November next succeed-
   23  ing the date on which it shall have become a law.