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.
STATE OF NEW YORK
________________________________________________________________________
7519
2013-2014 Regular Sessions
IN ASSEMBLY
May 23, 2013
___________
Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
tee 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 § 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
