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A08592 Summary:

BILL NOA08592
 
SAME ASSAME AS S06203
 
SPONSORDinowitz (MS)
 
COSPNSRHunter, Steck, Stirpe, Buttenschon, Miller, Manktelow, DeStefano, Jacobson, DiPietro, Eachus, Brabenec
 
MLTSPNSRMcDonough
 
Add 120.26, 120.27 & 120.28, Pen L
 
Establishes the offenses of reckless endangerment of an emergency service person in the first and second degrees.
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A08592 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8592
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 21, 2025
                                       ___________
 
        Introduced  by  M.  of  A. DINOWITZ, HUNTER, STECK, STIRPE, BUTTENSCHON,
          MILLER, MANKTELOW, DeSTEFANO, JACOBSON, DiPIETRO, EACHUS, BRABENEC  --
          Multi-Sponsored  by -- M. of A. McDONOUGH -- read once and referred to
          the Committee on Codes
 
        AN ACT to amend the penal law, in relation to establishing the  offenses
          of  reckless  endangerment of an emergency service person in the first
          degree and reckless endangerment of an emergency service person 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.  The  penal  law  is  amended by adding three new sections
     2  120.26, 120.27 and 120.28 to read as follows:
     3  § 120.26 Definitions.
     4    For the purposes of sections 120.27 and 120.28 of this article, "emer-
     5  gency service person" shall mean any of the following persons:
     6    1. a firefighter;
     7    2. a police officer;
     8    3. a peace officer;
     9    4. an emergency services professional;
    10    5. a code enforcement officer;
    11    6. a fire inspection personnel; or
    12    7. a building inspector.
    13  § 120.27 Reckless endangerment of an emergency  service  person  in  the
    14             second degree.
    15    A  person  is  guilty of reckless endangerment of an emergency service
    16  person in the second degree when, knowing  that  a  building  permit  is
    17  required   and  without  obtaining  such  permit,  such  person  alters,
    18  converts, encloses, subdivides or partitions any building  or  structure
    19  in  violation of the New York state uniform fire prevention and building
    20  code or any other provision of general, special or local law, ordinance,
    21  administrative code, rule or regulation addressing standards for  build-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08770-01-5

        A. 8592                             2
 
     1  ing construction and fire prevention in a manner that impedes a person's
     2  egress  and during a fire or other emergency evacuation and such conduct
     3  results in the injury of an emergency service person.
     4    Reckless  endangerment  of  an  emergency service person in the second
     5  degree is a class E felony.
     6  § 120.28 Reckless endangerment of an emergency  service  person  in  the
     7             first degree.
     8    A  person  is  guilty of reckless endangerment of an emergency service
     9  person in the first degree when such person commits the crime  of  reck-
    10  less  endangerment  of  an emergency service person in the second degree
    11  and:
    12    1. during such fire or other emergency evacuation such conduct results
    13  in the death of an emergency service person; or
    14    2. has previously been convicted within the last ten years of reckless
    15  endangerment of an emergency service  person  in  the  first  or  second
    16  degree.
    17    Reckless  endangerment  of  an  emergency  service person in the first
    18  degree is a class D felony.
    19    § 2. This act shall take effect on the first of November next succeed-
    20  ing the date on which it shall have become a law.
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