Establishes the crimes of reckless endangerment of a peace officer, police officer, firefighter or emergency medical services professional in the first and second degrees.
STATE OF NEW YORK
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10174
IN ASSEMBLY
August 20, 2014
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
reckless endangerment of a peace officer, police officer, firefighter
or emergency medical services professional in the first and second
degrees
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 120.26 to
2 read as follows:
3 § 120.26 Reckless endangerment of a peace officer, police officer, fire-
4 fighter or emergency medical services professional in the
5 second degree.
6 A person is guilty of reckless endangerment of a peace officer, police
7 officer, firefighter or emergency medical services professional in the
8 second degree when, knowing that a building permit is required and with
9 knowledge that such permit has not been obtained, he or she knowingly
10 alters, converts, encloses, subdivides or partitions any building or
11 structure in violation of the New York state uniform fire prevention and
12 building code or any other provision of general, special or local law,
13 ordinance, administrative code, rule or regulation addressing standards
14 for building construction and fire prevention and during such fire or
15 other emergency evacuation such conduct creates a substantial risk of
16 serious physical injury to a peace officer, police officer, firefighter
17 or emergency medical services professional.
18 Reckless endangerment of a peace officer, police officer, firefighter
19 or emergency medical services professional in the second degree is a
20 class A misdemeanor.
21 § 2. The penal law is amended by adding a new section 120.27 to read
22 as follows:
23 § 120.27 Reckless endangerment of a peace officer, police officer, fire-
24 fighter or emergency medical services professional in the
25 first degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15626-01-4
A. 10174 2
1 A person is guilty of reckless endangerment of a peace officer, police
2 officer, firefighter or emergency medical services professional in the
3 first degree when he or she commits the crime of reckless endangerment
4 of a peace officer, police officer, firefighter or emergency medical
5 services professional in the second degree and:
6 1. during such fire or other emergency evacuation such conduct creates
7 a grave risk of death to a peace officer, police officer, firefighter or
8 emergency medical services professional and such person sustains a phys-
9 ical injury; or
10 2. has previously been convicted within the last ten years of reckless
11 endangerment of a peace officer, police officer, firefighter or emergen-
12 cy medical services professional in the first or second degree.
13 Reckless endangerment of a peace officer, police officer, firefighter
14 or emergency medical services professional in the first degree is a
15 class E felony.
16 § 3. This act shall take effect on the first of November next succeed-
17 ing the date on which it shall have become a law.
