Bill Text: NY S06853 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to the assault of certain public agents while they are performing their duties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-18 - referred to codes [S06853 Detail]

Download: New_York-2013-S06853-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6853--A
                                   I N  S E N A T E
                                    March 20, 2014
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the penal law, in relation to the assault of certain
         public agents while they are performing their duties
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The penal law is amended by adding a new section 120.08-a
    2  to read as follows:
    3  S 120.08-A CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR
    4               EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE  OF
    5               HIS OR HER DUTIES WHILE RENDERING PATIENT CARE.
    6    A PERSON IS GUILTY OF CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE
    7  PARAMEDIC  OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF
    8  HIS OR HER DUTIES WHILE RENDERING  PATIENT  CARE  WHEN  WITH  INTENT  TO
    9  IMPEDE  AN  EMERGENCY  MEDICAL  SERVICE  PARAMEDIC  OR EMERGENCY MEDICAL
   10  SERVICE TECHNICIAN FROM PERFORMING HIS OR HER DUTIES, HE OR SHE STRIKES,
   11  BITES, KICKS, PUNCHES, CHOKES,  BEATS,  OR  HITS  AN  EMERGENCY  MEDICAL
   12  SERVICE  PARAMEDIC  OR  EMERGENCY  MEDICAL SERVICE TECHNICIAN WHILE SUCH
   13  EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNI-
   14  CIAN IS PERFORMING A LAWFUL OR ASSIGNED DUTY AND RENDERING PATIENT CARE.
   15    CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGEN-
   16  CY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF HIS  OR  HER  DUTIES
   17  WHILE RENDERING PATIENT CARE IS A CLASS D FELONY.
   18    S 2. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
   19  as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
   20  follows:
   21    (c) Class D violent felony offenses: an attempt to commit any  of  the
   22  class C felonies set forth in paragraph (b); reckless assault of a child
   23  as defined in section 120.02, assault in the second degree as defined in
   24  section   120.05,  CRIMINALLY  IMPEDING  AN  EMERGENCY  MEDICAL  SERVICE
   25  PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE  OF
   26  HIS  OR  HER  DUTIES  WHILE RENDERING PATIENT CARE AS DEFINED IN SECTION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14445-02-4
       S. 6853--A                          2
    1  120.08-A, menacing a police officer  or  peace  officer  as  defined  in
    2  section  120.18, stalking in the first degree, as defined in subdivision
    3  one of section 120.60, strangulation in the second degree as defined  in
    4  section  121.12, rape in the second degree as defined in section 130.30,
    5  criminal sexual act in the second degree as defined in  section  130.45,
    6  sexual abuse in the first degree as defined in section 130.65, course of
    7  sexual  conduct  against  a  child  in  the  second degree as defined in
    8  section 130.80, aggravated sexual abuse in the third degree  as  defined
    9  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   10  substance as defined in section 130.90, criminal possession of a  weapon
   11  in  the  third degree as defined in subdivision five, six, seven, eight,
   12  nine or ten of section 265.02, criminal sale of a firearm in  the  third
   13  degree as defined in section 265.11, intimidating a victim or witness in
   14  the  second degree as defined in section 215.16, soliciting or providing
   15  support for an act of terrorism in  the  second  degree  as  defined  in
   16  section  490.10,  and  making a terroristic threat as defined in section
   17  490.20, falsely reporting an incident in the first degree as defined  in
   18  section 240.60, placing a false bomb or hazardous substance in the first
   19  degree  as  defined in section 240.62, placing a false bomb or hazardous
   20  substance in a sports stadium or arena, mass transportation facility  or
   21  enclosed  shopping  mall  as  defined  in section 240.63, and aggravated
   22  unpermitted use of indoor pyrotechnics in the first degree as defined in
   23  section 405.18.
   24    S 3. This act shall take effect on the ninetieth day  after  it  shall
   25  have become a law.