Bill Text: NY A04421 | 2015-2016 | General Assembly | Introduced
Bill Title: Includes code enforcement personnel in assault in the second degree.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-06-06 - held for consideration in codes [A04421 Detail]
Download: New_York-2015-A04421-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4421 2015-2016 Regular Sessions I N A S S E M B L Y January 30, 2015 ___________ Introduced by M. of A. McKEVITT, GRAF -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to assault on code enforce- ment personnel 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 as amended by chapter 196 of the laws of 2014, are amended to read as 3 follows: 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, sanitation 7 enforcement agent, New York city sanitation worker, a firefighter, 8 including a firefighter acting as a paramedic or emergency medical tech- 9 nician administering first aid in the course of performance of duty as 10 such firefighter, an emergency medical service paramedic or emergency 11 medical service technician, or medical or related personnel in a hospi- 12 tal emergency department, a city marshal, a school crossing guard 13 appointed pursuant to section two hundred eight-a of the general munici- 14 pal law, a traffic enforcement officer [or], traffic enforcement agent, 15 OR ANY CODE ENFORCEMENT PERSONNEL AS SUCH TERM IS DEFINED PURSUANT TO 16 RULES AND REGULATIONS PROMULGATED BY THE SECRETARY OF STATE PURSUANT TO 17 SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE 18 LAW, from performing a lawful duty, by means including releasing or 19 failing to control an animal under circumstances evincing the actor's 20 intent that the animal obstruct the lawful activity of such peace offi- 21 cer, police officer, prosecutor as defined in subdivision thirty-one of 22 section 1.20 of the criminal procedure law, registered nurse, licensed 23 practical nurse, sanitation enforcement agent, New York city sanitation 24 worker, firefighter, paramedic, technician, city marshal, school cross- 25 ing guard appointed pursuant to section two hundred eight-a of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08353-01-5 A. 4421 2 1 general municipal law, traffic enforcement officer [or], traffic 2 enforcement agent OR ANY CODE ENFORCEMENT PERSONNEL, he or she causes 3 physical injury to such peace officer, police officer, prosecutor as 4 defined in subdivision thirty-one of section 1.20 of the criminal proce- 5 dure law, registered nurse, licensed practical nurse, sanitation 6 enforcement agent, New York city sanitation worker, firefighter, 7 paramedic, technician or medical or related personnel in a hospital 8 emergency department, city marshal, school crossing guard, traffic 9 enforcement officer or traffic enforcement agent; or 10 11. With intent to cause physical injury to a train operator, ticket 11 inspector, conductor, signalperson, bus operator or station agent 12 employed by any transit agency, authority or company, public or private, 13 whose operation is authorized by New York state or any of its political 14 subdivisions, a city marshal, a school crossing guard appointed pursuant 15 to section two hundred eight-a of the general municipal law, a traffic 16 enforcement officer, traffic enforcement agent, prosecutor as defined in 17 subdivision thirty-one of section 1.20 of the criminal procedure law, 18 sanitation enforcement agent, New York city sanitation worker, regis- 19 tered nurse or licensed practical nurse he or she causes physical injury 20 to such train operator, ticket inspector, conductor, signalperson, bus 21 operator or station agent, city marshal, school crossing guard appointed 22 pursuant to section two hundred eight-a of the general municipal law, 23 traffic enforcement officer, traffic enforcement agent, prosecutor as 24 defined in subdivision thirty-one of section 1.20 of the criminal proce- 25 dure law, registered nurse, licensed practical nurse, sanitation 26 enforcement agent [or], New York city sanitation worker OR ANY CODE 27 ENFORCEMENT PERSONNEL AS SUCH TERM IS DEFINED PURSUANT TO RULES AND 28 REGULATIONS PROMULGATED BY THE SECRETARY OF STATE PURSUANT TO SUBDIVI- 29 SION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW, while 30 such employee is performing an assigned duty on, or directly related to, 31 the operation of a train or bus, or such city marshal, school crossing 32 guard, traffic enforcement officer, traffic enforcement agent, prosecu- 33 tor as defined in subdivision thirty-one of section 1.20 of the criminal 34 procedure law, registered nurse, licensed practical nurse, sanitation 35 enforcement agent or New York city sanitation worker OR CODE ENFORCEMENT 36 PERSONNEL, is performing an assigned duty. 37 S 2. This act shall take effect on the first of November next succeed- 38 ing the date upon which it shall have become a law.