Bill Text: NY S09619 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to assaults on medical providers and employees and volunteers of hospitals.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-05-16 - REFERRED TO CODES [S09619 Detail]
Download: New_York-2023-S09619-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9619 IN SENATE May 16, 2024 ___________ Introduced by Sens. COONEY, GRIFFO -- 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 assaults on medical providers and employees and volunteers of hospitals 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 amended by section 2 of part z of chapter 55 of the laws of 4 2024, 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,] a physi- 8 cian, a physician assistant, a health care provider, a primary care 9 practitioner or primary care physician, a nurse or nursing professional 10 including a registered nurse, nurse practitioner, certified or licensed 11 nurse practitioner, a certified nursing assistant, or a licensed practi- 12 cal nurse, ambulance personnel, a director of a hospital or a medical 13 director, employee, attendant, agent or volunteer of a hospital as 14 defined in section twenty-eight hundred one of the public health law, a 15 public health sanitarian, New York city public health sanitarian, sani- 16 tation enforcement agent, New York city sanitation worker, a firefight- 17 er, including a firefighter acting as a paramedic or emergency medical 18 technician administering first aid in the course of performance of duty 19 as such firefighter, an emergency medical service paramedic or emergency 20 medical service technician, or medical or related personnel in a hospi- 21 tal emergency department, a city marshal, a school crossing guard 22 appointed pursuant to section two hundred eight-a of the general munici- 23 pal law, a traffic enforcement officer, traffic enforcement agent or 24 employee of any entity governed by the public service law in the course 25 of performing an essential service, from performing a lawful duty, by 26 means including releasing or failing to control an animal under circum- 27 stances evincing the actor's intent that the animal obstruct the lawful 28 activity of such peace officer, police officer, prosecutor as defined in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15676-01-4S. 9619 2 1 subdivision thirty-one of section 1.20 of the criminal procedure law, 2 [registered nurse, licensed practical nurse,] physician, physician 3 assistant, health care provider, primary care practitioner or primary 4 care physician, a nurse or nursing professional including a registered 5 nurse, nurse practitioner, certified or licensed nurse practitioner, a 6 certified nursing assistant, or a licensed practical nurse, ambulance 7 personnel, a director of a hospital or a medical director, employee, 8 attendant, agent or volunteer of a hospital as defined in section twen- 9 ty-eight hundred one of the public health law, a public health sanitari- 10 an, New York city public health sanitarian, sanitation enforcement 11 agent, New York city sanitation worker, firefighter, paramedic, techni- 12 cian, city marshal, school crossing guard appointed pursuant to section 13 two hundred eight-a of the general municipal law, traffic enforcement 14 officer, traffic enforcement agent or employee of an entity governed by 15 the public service law, [he or she] such person causes physical injury 16 to such peace officer, police officer, prosecutor as defined in subdivi- 17 sion thirty-one of section 1.20 of the criminal procedure law, [regis-18tered nurse, licensed practical nurse,] physician, physician assistant, 19 health care provider, primary care practitioner or primary care physi- 20 cian, a nurse or nursing professional including a registered nurse, 21 nurse practitioner, certified or licensed nurse practitioner, a certi- 22 fied nursing assistant, or a licensed practical nurse, ambulance person- 23 nel, a director of a hospital or a medical director, employee, attend- 24 ant, agent or volunteer of a hospital as defined in section twenty-eight 25 hundred one of the public health law, a public health sanitarian, New 26 York city public health sanitarian, sanitation enforcement agent, New 27 York city sanitation worker, firefighter, paramedic, technician or 28 medical or related personnel in a hospital emergency department, city 29 marshal, school crossing guard, traffic enforcement officer, traffic 30 enforcement agent or employee of an entity governed by the public 31 service law; or 32 11. With intent to cause physical injury to a train operator, ticket 33 inspector, conductor, signalperson, bus operator, station agent, station 34 cleaner, terminal cleaner, station customer assistant, traffic checker; 35 person whose official duties include the sale or collection of tickets, 36 passes, vouchers, or other revenue payment media for use on a train, 37 bus, or ferry the collection or handling of revenues therefrom; a person 38 whose official duties include the maintenance, repair, inspection, trou- 39 bleshooting, testing or cleaning of buses or ferries, a transit signal 40 system, elevated or underground subway tracks, transit station struc- 41 ture, including fare equipment, escalators, elevators and other equip- 42 ment necessary to passenger service, commuter rail tracks or stations, 43 train yard, revenue train in passenger service, a ferry station, or a 44 train or bus station or terminal; or a supervisor of such personnel, 45 employed by any transit or commuter rail agency, authority or company, 46 public or private, whose operation is authorized by New York state or 47 any of its political subdivisions, a city marshal, a school crossing 48 guard appointed pursuant to section two hundred eight-a of the general 49 municipal law, a traffic enforcement officer, traffic enforcement agent, 50 prosecutor as defined in subdivision thirty-one of section 1.20 of the 51 criminal procedure law, sanitation enforcement agent, New York city 52 sanitation worker, public health sanitarian, New York city public health 53 sanitarian, [registered nurse, licensed practical nurse,] physician, 54 physician assistant, health care provider, primary care practitioner or 55 primary care physician, a nurse or nursing professional including a 56 registered nurse, nurse practitioner, certified or licensed nurse prac-S. 9619 3 1 titioner, a certified nursing assistant, or a licensed practical nurse, 2 ambulance personnel, a director of a hospital or a medical director, 3 employee, attendant, agent or volunteer of a hospital as defined in 4 section twenty-eight hundred one of the public health law, emergency 5 medical service paramedic, or emergency medical service technician, [he6or she] such person causes physical injury to such train operator, tick- 7 et inspector, conductor, signalperson, bus operator, station agent, 8 station cleaner, terminal cleaner, station customer assistant, traffic 9 checker; person whose official duties include the sale or collection of 10 tickets, passes, vouchers or other revenue payment media for use on a 11 train, bus, or ferry or the collection or handling of revenues there- 12 from; a person whose official duties include the maintenance, repair, 13 inspection, troubleshooting, testing or cleaning of buses or ferries, a 14 transit signal system, elevated or underground subway tracks, transit 15 station structure, including fare equipment, escalators, elevators and 16 other equipment necessary to passenger service, commuter rail tracks or 17 stations, train yard, revenue train in passenger service, a ferry 18 station, or a train or bus station or terminal; or a supervisor of such 19 personnel, city marshal, school crossing guard appointed pursuant to 20 section two hundred eight-a of the general municipal law, traffic 21 enforcement officer, traffic enforcement agent, prosecutor as defined in 22 subdivision thirty-one of section 1.20 of the criminal procedure law, 23 [registered nurse, licensed practical nurse,] physician, physician 24 assistant, health care provider, primary care practitioner or primary 25 care physician, a nurse or nursing professional including a registered 26 nurse, nurse practitioner, certified or licensed nurse practitioner, a 27 certified nursing assistant, or a licensed practical nurse, ambulance 28 personnel, a director of a hospital or a medical director, employee, 29 attendant, agent or volunteer of a hospital as defined in section twen- 30 ty-eight hundred one of the public health law, public health sanitarian, 31 New York city public health sanitarian, sanitation enforcement agent, 32 New York city sanitation worker, emergency medical service paramedic, or 33 emergency medical service technician, while such employee is performing 34 an assigned duty on, or directly related to, the operation of a train or 35 bus, cleaning of a train or bus station or terminal, assisting custom- 36 ers, checking traffic, the sale or collection of tickets, passes, vouch- 37 ers, or other revenue media for use on a train, bus, or ferry or mainte- 38 nance or cleaning of a train, a bus, a ferry, or bus station or 39 terminal, signal system, elevated or underground subway tracks, transit 40 station structure, including fare equipment, escalators, elevators and 41 other equipment necessary to passenger service, commuter rail tracks or 42 stations, train yard or revenue train in passenger service, a ferry 43 station, or such city marshal, school crossing guard, traffic enforce- 44 ment officer, traffic enforcement agent, prosecutor as defined in subdi- 45 vision thirty-one of section 1.20 of the criminal procedure law, [regis-46tered nurse, licensed practical nurse,] physician, physician assistant, 47 health care provider, primary care practitioner or primary care physi- 48 cian, a nurse or nursing professional including a registered nurse, 49 nurse practitioner, certified or licensed nurse practitioner, a certi- 50 fied nursing assistant, or a licensed practical nurse, ambulance person- 51 nel, a director of a hospital or a medical director, employee, attend- 52 ant, agent or volunteer of a hospital as defined in section twenty-eight 53 hundred one of the public health law, public health sanitarian, New York 54 city public health sanitarian, sanitation enforcement agent, New York 55 city sanitation worker, emergency medical service paramedic, or emergen- 56 cy medical service technician is performing an assigned duty; orS. 9619 4 1 § 2. This act shall take effect on the sixtieth day after it shall 2 have become a law; provided, however that the amendments to subdivision 3 11 of section 120.05 of the penal law made by section one of this act 4 take effect on the same date and in the same manner as section 2 of part 5 Z of chapter 55 of the laws of 2024 take effect.
