Bill Text: NY A04590 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to assaults on nursing professionals and sanitation workers.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A04590 Detail]

Download: New_York-2017-A04590-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4590
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
                                       ___________
        Introduced  by  M. of A. PRETLOW, MAYER -- read once and referred to the
          Committee 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  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] 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.
                                                                   LBD09190-01-7
        A. 4590                             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 or terminal cleaner employed by any transit agency, authority or
    19  company, public or private, whose operation is authorized  by  New  York
    20  state  or  any  of  its political subdivisions, a city marshal, a school
    21  crossing guard appointed pursuant to section two hundred eight-a of  the
    22  general  municipal  law, a traffic enforcement officer, traffic enforce-
    23  ment agent, prosecutor as defined in subdivision thirty-one  of  section
    24  1.20  of  the criminal procedure law, sanitation enforcement agent, [New
    25  York city] sanitation worker, public health sanitarian,  New  York  city
    26  public  health sanitarian, [registered] a nursing professional including
    27  nurse[,] practitioners, or certified licensed practical [nurse]  nurses,
    28  emergency  medical service paramedic, or emergency medical service tech-
    29  nician, he or she causes physical injury to such train operator,  ticket
    30  inspector, conductor, signalperson, bus operator, station agent, station
    31  cleaner  or  terminal  cleaner,  city  marshal,  school  crossing  guard
    32  appointed pursuant to section two hundred eight-a of the general munici-
    33  pal law, traffic enforcement officer, traffic enforcement agent,  prose-
    34  cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
    35  nal  procedure law, [registered nurse, licensed practical nurse] nursing
    36  professional, public health sanitarian,  New  York  city  public  health
    37  sanitarian,  sanitation  enforcement  agent,  [New York city] sanitation
    38  worker,  emergency  medical  service  paramedic,  or  emergency  medical
    39  service  technician,  while such employee is performing an assigned duty
    40  on, or directly related to, the operation of a train or  bus,  including
    41  the  cleaning  of  a  train  or  bus  station  or terminal, or such city
    42  marshal, school crossing guard,  traffic  enforcement  officer,  traffic
    43  enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
    44  section 1.20 of the criminal procedure law, [registered nurse,  licensed
    45  practical  nurse]  nursing  professional,  public health sanitarian, New
    46  York city public health sanitarian, sanitation enforcement  agent,  [New
    47  York  city]  sanitation  worker, emergency medical service paramedic, or
    48  emergency medical service technician is performing an assigned duty; or
    49    § 2. This act shall take effect on the ninetieth day  after  it  shall
    50  have become a law.