Bill Text: NY S07114 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to elevating an assault of a New York city department of environmental protection employee or department of parks and recreation employee to the class D felony of assault in the second degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S07114 Detail]

Download: New_York-2017-S07114-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7114
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by  Sen.  AVELLA -- 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
          New  York  city  department  of  environmental  protection employee or
          department of parks and recreation employee 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  follow:
     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,  New  York  city
    16  department  of  environmental protection employee, New York city depart-
    17  ment of parks and recreation employee or employee of any entity governed
    18  by the public service law in  the  course  of  performing  an  essential
    19  service,  from performing a lawful duty, by means including releasing or
    20  failing to control an animal under circumstances  evincing  the  actor's
    21  intent  that the animal obstruct the lawful activity of such peace offi-
    22  cer, police officer, prosecutor as defined in subdivision thirty-one  of
    23  section  1.20  of the criminal procedure law, registered nurse, licensed
    24  practical nurse, public health sanitarian, New York city  public  health
    25  sanitarian, sanitation enforcement agent, New York city sanitation work-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13404-01-7
        S. 7114                             2
     1  er,  firefighter,  paramedic,  technician, city marshal, school crossing
     2  guard appointed pursuant to section two hundred eight-a of  the  general
     3  municipal  law,  traffic enforcement officer, traffic enforcement agent,
     4  New  York city department of environmental protection employee, New York
     5  city department of parks and recreation employee or employee of an enti-
     6  ty governed by the public service law, he or she causes physical  injury
     7  to such peace officer, police officer, prosecutor as defined in subdivi-
     8  sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
     9  tered nurse, licensed practical nurse,  public  health  sanitarian,  New
    10  York  city  public  health sanitarian, sanitation enforcement agent, New
    11  York city  sanitation  worker,  firefighter,  paramedic,  technician  or
    12  medical  or  related  personnel in a hospital emergency department, city
    13  marshal, school crossing guard,  traffic  enforcement  officer,  traffic
    14  enforcement  agent, New York city department of environmental protection
    15  employee, New York city department of parks and recreation  employee  or
    16  employee of an entity governed by the public service law; or
    17    § 2. This act shall take effect immediately.