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