STATE OF NEW YORK
________________________________________________________________________
4421
2015-2016 Regular Sessions
IN ASSEMBLY
January 30, 2015
___________
Introduced by M. of A. McKEVITT, GRAF -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to assault on code enforce-
ment personnel
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 196 of the laws of 2014, 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 school crossing guard
13 appointed pursuant to section two hundred eight-a of the general munici-
14 pal law, a traffic enforcement officer [or], traffic enforcement agent,
15 or any code enforcement personnel as such term is defined pursuant to
16 rules and regulations promulgated by the secretary of state pursuant to
17 subdivision one of section three hundred eighty-one of the executive
18 law, from performing a lawful duty, by means including releasing or
19 failing to control an animal under circumstances evincing the actor's
20 intent that the animal obstruct the lawful activity of such peace offi-
21 cer, police officer, prosecutor as defined in subdivision thirty-one of
22 section 1.20 of the criminal procedure law, registered nurse, licensed
23 practical nurse, sanitation enforcement agent, New York city sanitation
24 worker, firefighter, paramedic, technician, city marshal, school cross-
25 ing guard appointed pursuant to section two hundred eight-a of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08353-01-5
A. 4421 2
1 general municipal law, traffic enforcement officer [or], traffic
2 enforcement agent or any code enforcement personnel, he or she causes
3 physical injury to such peace officer, police officer, prosecutor as
4 defined in subdivision thirty-one of section 1.20 of the criminal proce-
5 dure law, registered nurse, licensed practical nurse, sanitation
6 enforcement agent, New York city sanitation worker, firefighter,
7 paramedic, technician or medical or related personnel in a hospital
8 emergency department, city marshal, school crossing guard, traffic
9 enforcement officer or traffic enforcement agent; or
10 11. With intent to cause physical injury to a train operator, ticket
11 inspector, conductor, signalperson, bus operator or station agent
12 employed by any transit agency, authority or company, public or private,
13 whose operation is authorized by New York state or any of its political
14 subdivisions, a city marshal, a school crossing guard appointed pursuant
15 to section two hundred eight-a of the general municipal law, a traffic
16 enforcement officer, traffic enforcement agent, prosecutor as defined in
17 subdivision thirty-one of section 1.20 of the criminal procedure law,
18 sanitation enforcement agent, New York city sanitation worker, regis-
19 tered nurse or licensed practical nurse he or she causes physical injury
20 to such train operator, ticket inspector, conductor, signalperson, bus
21 operator or station agent, city marshal, school crossing guard appointed
22 pursuant to section two hundred eight-a of the general municipal law,
23 traffic enforcement officer, traffic enforcement agent, prosecutor as
24 defined in subdivision thirty-one of section 1.20 of the criminal proce-
25 dure law, registered nurse, licensed practical nurse, sanitation
26 enforcement agent [or], New York city sanitation worker or any code
27 enforcement personnel as such term is defined pursuant to rules and
28 regulations promulgated by the secretary of state pursuant to subdivi-
29 sion one of section three hundred eighty-one of the executive law, while
30 such employee is performing an assigned duty on, or directly related to,
31 the operation of a train or bus, or such city marshal, school crossing
32 guard, traffic enforcement officer, traffic enforcement agent, prosecu-
33 tor as defined in subdivision thirty-one of section 1.20 of the criminal
34 procedure law, registered nurse, licensed practical nurse, sanitation
35 enforcement agent or New York city sanitation worker or code enforcement
36 personnel, is performing an assigned duty.
37 § 2. This act shall take effect on the first of November next succeed-
38 ing the date upon which it shall have become a law.
