Bill Text: NY S01089 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to assault of certain persons providing direct patient care in a health care setting; provides that such assault shall be a class D felony.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S01089 Detail]

Download: New_York-2013-S01089-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1089--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes  --  recommitted  to
         the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN ACT to amend the penal law, in relation to assault of certain persons
         providing direct patient care
         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 259 of the laws of 2013, 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 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.
                                                                  LBD02264-02-4
       S. 1089--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 TO ANY DIRECT-CARE STAFF WHO IS  NOT  A  NURSE
    7  PURSUANT  TO  TITLE EIGHT OF THE EDUCATION LAW WHOSE PRINCIPAL RESPONSI-
    8  BILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE  PATIENTS  OR
    9  PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE IN ANY HOSPI-
   10  TAL,  NURSING  HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL HOSPITAL,
   11  GOVERNMENT AGENCY INCLUDING  ANY  CHRONIC  DISEASE  HOSPITAL,  MATERNITY
   12  HOSPITAL,  OUTPATIENT  DEPARTMENT,  EMERGENCY  CENTER OR SURGICAL CENTER
   13  UNDER ARTICLE TWENTY-EIGHT OF THE  PUBLIC  HEALTH  LAW  AND  SHALL  ALSO
   14  INCLUDE  ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO THE
   15  MENTAL HYGIENE LAW, ARTICLE NINETEEN-G  OF  THE  EXECUTIVE  LAW  OR  THE
   16  CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
   17  SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
   18  RATION; or
   19    11.  With  intent to cause physical injury to a train operator, ticket
   20  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
   21  employed by any transit agency, authority or company, public or private,
   22  whose  operation is authorized by New York state or any of its political
   23  subdivisions, a city marshal, a  traffic  enforcement  officer,  traffic
   24  enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
   25  section 1.20 of  the  criminal  procedure  law,  sanitation  enforcement
   26  agent,  New  York  city  sanitation worker, registered nurse or licensed
   27  practical nurse he or she causes physical injury to such train operator,
   28  ticket inspector,  conductor,  signalperson,  bus  operator  or  station
   29  agent,  city  marshal,  traffic enforcement officer, traffic enforcement
   30  agent, prosecutor as defined in subdivision thirty-one of  section  1.20
   31  of  the  criminal  procedure  law,  registered nurse, licensed practical
   32  nurse, sanitation enforcement agent or New York city sanitation  worker,
   33  while  such  employee  is  performing  an  assigned duty on, or directly
   34  related to, the operation of a train or bus, or such city marshal, traf-
   35  fic  enforcement  officer,  traffic  enforcement  agent,  prosecutor  as
   36  defined in subdivision thirty-one of section 1.20 of the criminal proce-
   37  dure   law,  registered  nurse,  licensed  practical  nurse,  sanitation
   38  enforcement agent or New York city sanitation worker, OR ANY DIRECT-CARE
   39  STAFF WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF  THE  EDUCATION  LAW
   40  WHOSE  PRINCIPAL  RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR
   41  ONE OR MORE PATIENTS OR PROVIDES DIRECT ASSISTANCE IN  THE  DELIVERY  OF
   42  PATIENT  CARE  IN  ANY  HOSPITAL,  NURSING HOME, RESIDENTIAL HEALTH CARE
   43  FACILITY, GENERAL HOSPITAL,  GOVERNMENT  AGENCY  INCLUDING  ANY  CHRONIC
   44  DISEASE  HOSPITAL,  MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY
   45  CENTER OR SURGICAL CENTER  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC
   46  HEALTH LAW AND SHALL ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE
   47  SERVICES  PURSUANT  TO THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE
   48  EXECUTIVE LAW OR THE CORRECTION LAW IF SUCH FACILITY IS OPERATED BY  THE
   49  STATE  OR  A POLITICAL SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR
   50  PUBLIC BENEFIT CORPORATION is performing an assigned duty.
   51    S 2. This act shall take effect on the first of November next succeed-
   52  ing the date on which it shall have become  a  law;  provided,  however,
   53  that  if  chapter 259 of the laws of 2013 shall not have taken effect on
   54  or before such date, this act shall take effect  on  the  same  date  as
   55  chapter 259 of the laws of 2013, takes effect.