Bill Text: NY A05210 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to assault with intent to prevent a prosecutor or while the prosecutor is in performance of assigned duties is deemed assault in the 2nd degree.

Spectrum: Slight Partisan Bill (Democrat 20-13)

Status: (Introduced - Dead) 2013-06-20 - substituted by s4160a [A05210 Detail]

Download: New_York-2013-A05210-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5210--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 21, 2013
                                      ___________
       Introduced  by M. of A. TITONE, MONTESANO, GUNTHER, SCARBOROUGH, MAISEL,
         BRINDISI, COLTON, BORELLI, LALOR, OTIS, MILLMAN -- Multi-Sponsored  by
         --  M. of A.  ABBATE, COOK, ENGLEBRIGHT, GABRYSZAK, GARBARINO, GIBSON,
         HAWLEY, V. LOPEZ, MAGEE, McDONALD, McKEVITT, OAKS, THIELE -- read once
         and referred to the Committee on Codes -- committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the penal law, in relation to assault on a prosecutor
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  3  of  section  120.05  of the penal law, as
    2  amended by chapter 377 of the laws  of  2012,  is  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 traffic enforcement officer
   13  or traffic enforcement agent, from performing a lawful  duty,  by  means
   14  including  releasing or failing to control an animal under circumstances
   15  evincing the actor's intent that the animal obstruct the lawful activity
   16  of such peace officer, police officer, PROSECUTOR AS DEFINED IN SUBDIVI-
   17  SION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,  regis-
   18  tered nurse, licensed practical nurse, sanitation enforcement agent, New
   19  York  city  sanitation  worker, firefighter, paramedic, technician, city
   20  marshal, traffic enforcement officer or traffic enforcement agent, he or
   21  she causes physical injury to such peace officer, police officer, PROSE-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04385-02-3
       A. 5210--A                          2
    1  CUTOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMI-
    2  NAL PROCEDURE LAW, registered nurse, licensed practical  nurse,  sanita-
    3  tion  enforcement  agent,  New York city sanitation worker, firefighter,
    4  paramedic,  technician  or  medical  or  related personnel in a hospital
    5  emergency department, city marshal, traffic enforcement officer or traf-
    6  fic enforcement agent; or
    7    S 2. Subdivision 11 of section 120.05 of the penal law, as amended  by
    8  chapter 377 of the laws of 2012, is amended to read as follows:
    9    11.  With  intent to cause physical injury to a train operator, ticket
   10  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
   11  employed by any transit agency, authority or company, public or private,
   12  whose  operation is authorized by New York state or any of its political
   13  subdivisions, a city marshal, a  traffic  enforcement  officer,  traffic
   14  enforcement  agent,  PROSECUTOR  AS DEFINED IN SUBDIVISION THIRTY-ONE OF
   15  SECTION 1.20 OF  THE  CRIMINAL  PROCEDURE  LAW,  sanitation  enforcement
   16  agent,  New  York  city  sanitation worker, registered nurse or licensed
   17  practical nurse he or she causes physical injury to such train operator,
   18  ticket inspector,  conductor,  signalperson,  bus  operator  or  station
   19  agent,  city  marshal,  traffic enforcement officer, traffic enforcement
   20  agent, PROSECUTOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF  SECTION  1.20
   21  OF THE CRIMINAL PROCEDURE LAW, registered nurse [or], licensed practical
   22  nurse,  sanitation enforcement agent or New York city sanitation worker,
   23  while such employee is performing  an  assigned  duty  on,  or  directly
   24  related to, the operation of a train or bus, or such city marshal, traf-
   25  fic  enforcement  officer,  traffic  enforcement  agent,  PROSECUTOR  AS
   26  DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL PROCE-
   27  DURE LAW, registered nurse [or], licensed  practical  nurse,  sanitation
   28  enforcement  agent  or New York city sanitation worker, is performing an
   29  assigned duty.
   30    S 3. This act shall take effect on the one hundred eightieth day after
   31  it shall have become a law.