A03103 Summary:

BILL NO    A03103 

SAME AS    Same as S 4018

SPONSOR    Koon (MS)

COSPNSR    Pheffer, Zebrowski, Englebright, Schroeder, Spano, Gunther, Schimel,
           Jaffee, Hoyt, Perry, Ramos, Titone, Camara, Colton, Clark, Ortiz,
           Barron, Alessi, Brook-Krasny, Mayersohn, Gibson

MLTSPNSR   Abbate, Barra, Burling, Cook, Destito, Heastie, Hooper, John,
           Latimer, Lavine, Magee, McDonough, Meng, Raia, Robinson, Sweeney,
           Wright

Amd SS120.05 & 120.08, Pen L

Adds registered nurse and license practical nurse to assault of emergency
medical professionals and provides for class C and D felonies for physical
injury to them.

A03103 Actions:

BILL NO    A03103 

01/22/2009 referred to codes
01/06/2010 referred to codes

A03103 Votes:

A03103 Memo:

 BILL NUMBER:  A3103

 TITLE OF BILL :  An act to amend the penal law, in relation to
assault on certain emergency medical professionals

 PURPOSE OR GENERAL IDEA OF BILL :  To add registered nurses and
licensed practical nurses to the definition of assault of emergency
medical professionals and to provide for a Class C felony charge for
physical injury caused to these individuals.

 SUMMARY OF SPECIFIC PROVISIONS :  Section 1 amends Section 120.08 of
the penal law by updating the gender-related language, changing the
term "fireman" to "firefighter" and to include "she" in the definition
of those who may cause injury to another person; and to include
registered nurses and licensed practice nurses in the definition of
emergency medical services professionals when defining assault on such
emergency medical service professionals. Section 120.08 renders such
assaults on an emergency medical services professional, during which
he or she causes serious physical injury which prevents them from
performing a lawful duty, a Class C felony.

Section 2 amends Subdivision 3 of Section 120.05 of the penal law by
updating the gender-related language, changing the term "fireman" to
"firefighter" and to include "she" in the definition of those who may
cause injury to another person; and to include registered nurses and
licensed practical nurses in the definition of emergency medical
services professionals when including releasing or failing to control
an animal under certain circumstances evincing the actor's intent that
the animal obstruct the lawful activity of such with the intent to
cause physical harm to an emergency medical services professional,
which prevents them from performing their duty.

Section 3 sets the effective date.

 JUSTIFICATION :  Each year, countless acts of violence are inflicted
upon emergency medical professionals while in the line of duty. They
are subject to intimidation, harassment, physical assault and numerous
other forms of emotional, verbal and physical abuse that include
choking, stabbing and threatening. An unfortunate element of this
abuse is that a large percentage goes unreported, thus allowing
patients to not be held responsible for their actions. The unpunished
behavior, which leads to lower job satisfaction and increased staff
shortages, sends a message to those present that violence or abuse is
an acceptable means of expression. Because the health care field is
experiencing an overwhelming shortage of nurses, it is imperative that
every measure be taken to ensure the protection of their safety.  It
is most important to visibly establish that violent or abusive
reactions are not appropriate and have severe consequences. By
amending the existing definition of assault as a Class C felony on
emergency medical services professionals to include registered nurses
and licensed practical nurses along with peace officers, police
officers and firefighters, an important standard will be established
within the medical field that violence against medic al professionals
is not acceptable and will not be tolerated.

 PRIOR LEGISLATIVE HISTORY : 2003-2004: A.9463 2005-2006: A.494
2007-2008: A.6186

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  First of November next succeeding the date on which
it shall have become law.