Bill Text: NY S02888 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that an assault on certain public agents while in the performance of their duties shall be second degree assault regardless of whether or not the injury was a serious physical injury.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S02888 Detail]

Download: New_York-2013-S02888-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2888
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 24, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to  the  assault  of  certain
         public agents while in the performance of their duties
         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,  regis-
    5  tered nurse, licensed practical nurse, sanitation enforcement agent, New
    6  York  city  sanitation  worker,  a  firefighter, including a firefighter
    7  acting as a paramedic  or  emergency  medical  technician  administering
    8  first  aid  in the course of performance of duty as such firefighter, an
    9  emergency medical service paramedic or emergency medical service techni-
   10  cian, or medical or related personnel in a  hospital  emergency  depart-
   11  ment,  a city marshal, a traffic enforcement officer or traffic enforce-
   12  ment agent, from performing a lawful duty, by means including  releasing
   13  or failing to control an animal under circumstances evincing the actor's
   14  intent  that the animal obstruct the lawful activity of such peace offi-
   15  cer, police officer, registered nurse, licensed practical nurse, sanita-
   16  tion enforcement agent, New York city  sanitation  worker,  firefighter,
   17  paramedic,  technician,  city  marshal,  traffic  enforcement officer or
   18  traffic enforcement agent, he or she  causes  physical  injury  to  such
   19  peace  officer,  police  officer,  registered  nurse, licensed practical
   20  nurse, sanitation enforcement agent, New York  city  sanitation  worker,
   21  firefighter,  paramedic, technician or medical or related personnel in a
   22  hospital emergency department, city marshal, traffic enforcement officer
   23  or traffic enforcement agent IRRESPECTIVE OF WHETHER THE INJURY IS SERI-
   24  OUS PHYSICAL INJURY; or
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07340-01-3