Bill Text: NY S06853 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the assault of certain public agents while they are performing their duties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-18 - referred to codes [S06853 Detail]

Download: New_York-2013-S06853-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6853
                                   I N  S E N A T E
                                    March 20, 2014
                                      ___________
       Introduced  by  Sen.  GOLDEN -- 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  the  assault  of  certain
         public agents while they are performing their duties
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new  section  120.08-a
    2  to read as follows:
    3  S 120.08-A CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR
    4               EMERGENCY  MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF
    5               HIS OR HER DUTIES WHILE RENDERING PATIENT CARE.
    6    A PERSON IS GUILTY OF CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE
    7  PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE  OF
    8  HIS  OR  HER DUTIES WHILE RENDERING PATIENT CARE WHEN HE OR SHE STRIKES,
    9  BITES, KICKS, PUNCHES, CHOKES,  BEATS,  OR  HITS  AN  EMERGENCY  MEDICAL
   10  SERVICE  PARAMEDIC  OR  EMERGENCY  MEDICAL SERVICE TECHNICIAN WHILE SUCH
   11  EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNI-
   12  CIAN IS PERFORMING A LAWFUL OR ASSIGNED DUTY AND RENDERING PATIENT CARE.
   13    CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGEN-
   14  CY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF HIS  OR  HER  DUTIES
   15  WHILE RENDERING PATIENT CARE IS A CLASS D FELONY.
   16    S 2. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
   17  as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
   18  follows:
   19    (c) Class D violent felony offenses: an attempt to commit any  of  the
   20  class C felonies set forth in paragraph (b); reckless assault of a child
   21  as defined in section 120.02, assault in the second degree as defined in
   22  section   120.05,  CRIMINALLY  IMPEDING  AN  EMERGENCY  MEDICAL  SERVICE
   23  PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE  OF
   24  HIS  OR  HER  DUTIES  WHILE RENDERING PATIENT CARE AS DEFINED IN SECTION
   25  120.08-A, menacing a police officer  or  peace  officer  as  defined  in
   26  section  120.18, stalking in the first degree, as defined in subdivision
   27  one of section 120.60, strangulation in the second degree as defined  in
   28  section  121.12, rape in the second degree as defined in section 130.30,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14445-01-4
       S. 6853                             2
    1  criminal sexual act in the second degree as defined in  section  130.45,
    2  sexual abuse in the first degree as defined in section 130.65, course of
    3  sexual  conduct  against  a  child  in  the  second degree as defined in
    4  section  130.80,  aggravated sexual abuse in the third degree as defined
    5  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    6  substance  as defined in section 130.90, criminal possession of a weapon
    7  in the third degree as defined in subdivision five, six,  seven,  eight,
    8  nine  or  ten of section 265.02, criminal sale of a firearm in the third
    9  degree as defined in section 265.11, intimidating a victim or witness in
   10  the second degree as defined in section 215.16, soliciting or  providing
   11  support  for  an  act  of  terrorism  in the second degree as defined in
   12  section 490.10, and making a terroristic threat as  defined  in  section
   13  490.20,  falsely reporting an incident in the first degree as defined in
   14  section 240.60, placing a false bomb or hazardous substance in the first
   15  degree as defined in section 240.62, placing a false bomb  or  hazardous
   16  substance  in a sports stadium or arena, mass transportation facility or
   17  enclosed shopping mall as defined  in  section  240.63,  and  aggravated
   18  unpermitted use of indoor pyrotechnics in the first degree as defined in
   19  section 405.18.
   20    S  3.  This  act shall take effect on the ninetieth day after it shall
   21  have become a law.