STATE OF NEW YORK
________________________________________________________________________
7054
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. CUNNINGHAM, DE LOS SANTOS -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to elevating the assault of
an elected official to the class D felony of assault in the second
degree
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 267 of the laws of 2016, is 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, public health
7 sanitarian, New York city public health sanitarian, sanitation enforce-
8 ment agent, New York city sanitation worker, a firefighter, including a
9 firefighter acting as a paramedic or emergency medical technician admin-
10 istering first aid in the course of performance of duty as such fire-
11 fighter, an emergency medical service paramedic or emergency medical
12 service technician, or medical or related personnel in a hospital emer-
13 gency department, a city marshal, a school crossing guard appointed
14 pursuant to section two hundred eight-a of the general municipal law, a
15 traffic enforcement officer, traffic enforcement agent [or], employee of
16 any entity governed by the public service law in the course of perform-
17 ing an essential service, or elected official from performing a lawful
18 duty, by means including releasing or failing to control an animal under
19 circumstances evincing the actor's intent that the animal obstruct the
20 lawful activity of such peace officer, police officer, prosecutor as
21 defined in subdivision thirty-one of section 1.20 of the criminal proce-
22 dure law, registered nurse, licensed practical nurse, public health
23 sanitarian, New York city public health sanitarian, sanitation enforce-
24 ment agent, New York city sanitation worker, firefighter, paramedic,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10522-01-3
A. 7054 2
1 technician, city marshal, school crossing guard appointed pursuant to
2 section two hundred eight-a of the general municipal law, traffic
3 enforcement officer, traffic enforcement agent [or], employee of an
4 entity governed by the public service law, or elected official, he or
5 she causes physical injury to such peace officer, police officer, prose-
6 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
7 nal procedure law, registered nurse, licensed practical nurse, public
8 health sanitarian, New York city public health sanitarian, sanitation
9 enforcement agent, New York city sanitation worker, firefighter,
10 paramedic, technician or medical or related personnel in a hospital
11 emergency department, city marshal, school crossing guard, traffic
12 enforcement officer, traffic enforcement agent [or], employee of an
13 entity governed by the public service law, or elected official; or
14 § 2. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law.
