Bill Text: NY S09165 | 2017-2018 | General Assembly | Introduced
Bill Title: Adds licensed municipal public safety officer to the list of public employees for which prevention of duties constitutes assault in the second degree.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-09-12 - REFERRED TO RULES [S09165 Detail]
Download: New_York-2017-S09165-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9165 IN SENATE September 12, 2018 ___________ Introduced by Sen. PHILLIPS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to including licensed munici- pal public safety officers on the list of public employees for which prevention of duties qualifies as 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. Subdivisions 3 and 11 of section 120.05 of the penal law, 2 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi- 3 sion 11 as separately amended by chapters 268 and 281 of the laws of 4 2016, are amended to read as follows: 5 3. With intent to prevent a peace officer, a police officer, prosecu- 6 tor as defined in subdivision thirty-one of section 1.20 of the criminal 7 procedure law, registered nurse, licensed practical nurse, public health 8 sanitarian, New York city public health sanitarian, sanitation enforce- 9 ment agent, New York city sanitation worker, a firefighter, including a 10 firefighter acting as a paramedic or emergency medical technician admin- 11 istering first aid in the course of performance of duty as such fire- 12 fighter, an emergency medical service paramedic or emergency medical 13 service technician, or medical or related personnel in a hospital emer- 14 gency department, a city marshal, a school crossing guard appointed 15 pursuant to section two hundred eight-a of the general municipal law, a 16 traffic enforcement officer, traffic enforcement agent, licensed munici- 17 pal public safety officer or employee of any entity governed by the 18 public service law in the course of performing an essential service, 19 from performing a lawful duty, by means including releasing or failing 20 to control an animal under circumstances evincing the actor's intent 21 that the animal obstruct the lawful activity of such peace officer, 22 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- 26 er, firefighter, paramedic, technician, city marshal, school crossing 27 guard appointed pursuant to section two hundred eight-a of the general EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16528-01-8S. 9165 2 1 municipal law, traffic enforcement officer, traffic enforcement agent, 2 licensed municipal public safety officer or employee of an entity 3 governed by the public service law, he or she causes physical injury to 4 such peace officer, police officer, prosecutor as defined in subdivision 5 thirty-one of section 1.20 of the criminal procedure law, registered 6 nurse, licensed practical nurse, public health sanitarian, New York city 7 public health sanitarian, sanitation enforcement agent, New York city 8 sanitation worker, firefighter, paramedic, technician or medical or 9 related personnel in a hospital emergency department, city marshal, 10 school crossing guard, traffic enforcement officer, traffic enforcement 11 agent, licensed municipal public safety officer or employee of an entity 12 governed by the public service law; or 13 11. With intent to cause physical injury to a train operator, ticket 14 inspector, conductor, signalperson, bus operator, station agent, station 15 cleaner or terminal cleaner employed by any transit agency, authority or 16 company, public or private, whose operation is authorized by New York 17 state or any of its political subdivisions, a city marshal, a school 18 crossing guard appointed pursuant to section two hundred eight-a of the 19 general municipal law, a traffic enforcement officer, traffic enforce- 20 ment agent, licensed municipal public safety officer, prosecutor as 21 defined in subdivision thirty-one of section 1.20 of the criminal proce- 22 dure law, sanitation enforcement agent, New York city sanitation worker, 23 public health sanitarian, New York city public health sanitarian, regis- 24 tered nurse, licensed practical nurse, emergency medical service 25 paramedic, or emergency medical service technician, he or she causes 26 physical injury to such train operator, ticket inspector, conductor, 27 signalperson, bus operator, station agent, station cleaner or terminal 28 cleaner, city marshal, school crossing guard appointed pursuant to 29 section two hundred eight-a of the general municipal law, traffic 30 enforcement officer, traffic enforcement agent, licensed municipal 31 public safety officer, prosecutor as defined in subdivision thirty-one 32 of section 1.20 of the criminal procedure law, registered nurse, 33 licensed practical nurse, public health sanitarian, New York city public 34 health sanitarian, sanitation enforcement agent, New York city sanita- 35 tion worker, emergency medical service paramedic, or emergency medical 36 service technician, while such employee is performing an assigned duty 37 on, or directly related to, the operation of a train or bus, including 38 the cleaning of a train or bus station or terminal, or such city 39 marshal, school crossing guard, traffic enforcement officer, traffic 40 enforcement agent, licensed municipal public safety officer, prosecutor 41 as defined in subdivision thirty-one of section 1.20 of the criminal 42 procedure law, registered nurse, licensed practical nurse, public health 43 sanitarian, New York city public health sanitarian, sanitation enforce- 44 ment agent, New York city sanitation worker, emergency medical service 45 paramedic, or emergency medical service technician is performing an 46 assigned duty; or 47 § 2. This act shall take effect immediately.