Bill Text: NY A03547 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to assaults on nursing professionals and sanitation workers while such person was performing an assigned duty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03547 Detail]

Download: New_York-2023-A03547-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3547

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to assaults on department  of
          sanitation workers and nursing professionals

          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 chapter 233 of the laws of 2022, are amended to
     4  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] a nursing professional including nurse prac-
     8  titioner,  certified  or licensed nurse practitioners, certified nursing
     9  assistants, licensed practical [nurse] nurses, public health sanitarian,
    10  New York city public health sanitarian,  sanitation  enforcement  agent,
    11  [New York city] sanitation worker, a firefighter, including a firefight-
    12  er  acting  as a paramedic or emergency medical technician administering
    13  first aid in the course of performance of duty as such  firefighter,  an
    14  emergency medical service paramedic or emergency medical service techni-
    15  cian,  or  medical  or related personnel in a hospital emergency depart-
    16  ment, a city marshal, a school  crossing  guard  appointed  pursuant  to
    17  section  two  hundred  eight-a  of  the general municipal law, a traffic
    18  enforcement officer, traffic enforcement agent or employee of any entity
    19  governed by the public service law in the course of performing an essen-
    20  tial service, from performing a lawful duty, by means including  releas-
    21  ing  or  failing  to  control an animal under circumstances evincing the
    22  actor's intent that the animal obstruct  the  lawful  activity  of  such
    23  peace  officer,  police  officer,  prosecutor  as defined in subdivision
    24  thirty-one of section 1.20 of the criminal  procedure  law,  [registered
    25  nurse,  licensed  practical  nurse]  nursing professional, public health

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08186-01-3
        A. 3547                             2

     1  sanitarian, New York city public health sanitarian, sanitation  enforce-
     2  ment  agent,  [New York city] sanitation worker, firefighter, paramedic,
     3  technician, city marshal, school crossing guard  appointed  pursuant  to
     4  section  two  hundred  eight-a  of  the  general  municipal law, traffic
     5  enforcement officer, traffic enforcement agent or employee of an  entity
     6  governed  by the public service law, he or she causes physical injury to
     7  such peace officer, police officer, prosecutor as defined in subdivision
     8  thirty-one of section 1.20 of the criminal  procedure  law,  [registered
     9  nurse,  licensed  practical  nurse]  nursing professional, public health
    10  sanitarian, New York city public health sanitarian, sanitation  enforce-
    11  ment  agent,  [New York city] sanitation worker, firefighter, paramedic,
    12  technician or medical or  related  personnel  in  a  hospital  emergency
    13  department,  city  marshal,  school  crossing guard, traffic enforcement
    14  officer, traffic enforcement agent or employee of an entity governed  by
    15  the public service law; or
    16    11.  With  intent to cause physical injury to a train operator, ticket
    17  inspector, conductor, signalperson, bus operator, station agent, station
    18  cleaner, terminal cleaner,  station  customer  assistant;  person  whose
    19  official  duties  include  the  sale  or  collection of tickets, passes,
    20  vouchers, or other revenue payment media for use on a train  or  bus  or
    21  the  collection  or handling of revenues therefrom; a person whose offi-
    22  cial duties include the maintenance, repair,  inspection,  troubleshoot-
    23  ing,  testing or cleaning of buses, a transit signal system, elevated or
    24  underground subway tracks, transit  station  structure,  including  fare
    25  equipment,  escalators,  elevators  and  other  equipment  necessary  to
    26  passenger service, commuter rail tracks or stations, train yard, revenue
    27  train in passenger service, or a train or bus station or terminal; or  a
    28  supervisor  of  such personnel, employed by any transit or commuter rail
    29  agency, authority or company, public  or  private,  whose  operation  is
    30  authorized  by  New  York  state or any of its political subdivisions, a
    31  city marshal, a school crossing guard appointed pursuant to section  two
    32  hundred  eight-a  of  the  general  municipal law, a traffic enforcement
    33  officer, traffic enforcement agent, prosecutor as defined in subdivision
    34  thirty-one of section 1.20 of the  criminal  procedure  law,  sanitation
    35  enforcement  agent,  [New  York  city]  sanitation worker, public health
    36  sanitarian, New York city public health sanitarian, [registered] a nurs-
    37  ing professional including nurse[,] practitioners, or certified licensed
    38  practical [nurse] nurses, emergency medical service paramedic, or  emer-
    39  gency  medical  service  technician, he or she causes physical injury to
    40  such train operator,  ticket  inspector,  conductor,  signalperson,  bus
    41  operator,  station  agent,  station  cleaner,  terminal cleaner, station
    42  customer assistant; person whose official duties  include  the  sale  or
    43  collection  of  tickets, passes, vouchers or other revenue payment media
    44  for use on a train or bus or the  collection  or  handling  of  revenues
    45  therefrom;  a  person  whose  official  duties  include the maintenance,
    46  repair, inspection, troubleshooting, testing or  cleaning  of  buses,  a
    47  transit  signal  system,  elevated or underground subway tracks, transit
    48  station structure, including fare equipment, escalators,  elevators  and
    49  other  equipment necessary to passenger service, commuter rail tracks or
    50  stations, train yard, revenue train in passenger service, or a train  or
    51  bus  station  or  terminal;  or  a  supervisor  of  such personnel, city
    52  marshal, school crossing guard appointed pursuant to section two hundred
    53  eight-a of the general municipal law, traffic enforcement officer, traf-
    54  fic enforcement agent, prosecutor as defined in  subdivision  thirty-one
    55  of  section  1.20  of  the  criminal  procedure  law, [registered nurse,
    56  licensed practical nurse] nursing professional, public health  sanitari-
        A. 3547                             3

     1  an,  New  York  city  public  health  sanitarian, sanitation enforcement
     2  agent, [New York city]  sanitation  worker,  emergency  medical  service
     3  paramedic,  or emergency medical service technician, while such employee
     4  is performing an assigned duty on, or directly related to, the operation
     5  of  a  train  or  bus,  cleaning  of a train or bus station or terminal,
     6  assisting customers, the sale or collection of tickets,  passes,  vouch-
     7  ers, or other revenue media for use on a train or bus, or maintenance or
     8  cleaning  of  a train, a bus, or bus station or terminal, signal system,
     9  elevated  or  underground  subway  tracks,  transit  station  structure,
    10  including  fare  equipment,  escalators,  elevators  and other equipment
    11  necessary to passenger service, commuter rail tracks or stations,  train
    12  yard or revenue train in passenger service, or such city marshal, school
    13  crossing  guard, traffic enforcement officer, traffic enforcement agent,
    14  prosecutor as defined in subdivision thirty-one of section 1.20  of  the
    15  criminal  procedure  law,  [registered  nurse, licensed practical nurse]
    16  nursing professional, public health sanitarian,  New  York  city  public
    17  health sanitarian, sanitation enforcement agent, [New York city] sanita-
    18  tion  worker,  emergency medical service paramedic, or emergency medical
    19  service technician is performing an assigned duty; or
    20    § 2. This act shall take effect on the ninetieth day  after  it  shall
    21  have become a law.