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S02080 Summary:

BILL NOS02080
 
SAME ASSAME AS A06051
 
SPONSORCOONEY
 
COSPNSRGRIFFO
 
MLTSPNSR
 
Amd §120.05, Pen L
 
Relates to assaults on medical providers and employees and volunteers of hospitals.
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S02080 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2080
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2025
                                       ___________
 
        Introduced  by  Sens.  COONEY, GRIFFO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal  law,  in  relation  to  assaults  on  medical
          providers and employees and volunteers of hospitals
 
          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  subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
     3  sion  11  as amended by section 2 of part Z of chapter 55 of the laws of
     4  2024, are amended to read as follows:
     5    3. With intent to prevent a peace officer, a police officer,  prosecu-
     6  tor as defined in subdivision thirty-one of section 1.20 of the criminal
     7  procedure  law,  [registered  nurse, licensed practical nurse,] a physi-
     8  cian, a physician assistant, a health  care  provider,  a  primary  care
     9  practitioner  or primary care physician, a nurse or nursing professional
    10  including a registered nurse, nurse practitioner, certified or  licensed
    11  nurse practitioner, a certified nursing assistant, or a licensed practi-
    12  cal  nurse,  ambulance  personnel, a director of a hospital or a medical
    13  director, employee, attendant, agent  or  volunteer  of  a  hospital  as
    14  defined  in section twenty-eight hundred one of the public health law, a
    15  public health sanitarian, New York city public health sanitarian,  sani-
    16  tation  enforcement agent, New York city sanitation worker, a firefight-
    17  er, including a firefighter acting as a paramedic or  emergency  medical
    18  technician  administering first aid in the course of performance of duty
    19  as such firefighter, an emergency medical service paramedic or emergency
    20  medical service technician, or medical or related personnel in a  hospi-
    21  tal  emergency  department,  a  city  marshal,  a  school crossing guard
    22  appointed pursuant to section two hundred eight-a of the general munici-
    23  pal law, a traffic enforcement officer,  traffic  enforcement  agent  or
    24  employee  of any entity governed by the public service law in the course
    25  of performing an essential service, from performing a  lawful  duty,  by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03603-01-5

        S. 2080                             2
 
     1  means  including releasing or failing to control an animal under circum-
     2  stances evincing the actor's intent that the animal obstruct the  lawful
     3  activity of such peace officer, police officer, prosecutor as defined in
     4  subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
     5  [registered  nurse,  licensed  practical  nurse,]  physician,  physician
     6  assistant,  health  care  provider, primary care practitioner or primary
     7  care physician, a nurse or nursing professional including  a  registered
     8  nurse,  nurse  practitioner, certified or licensed nurse practitioner, a
     9  certified nursing assistant, or a licensed  practical  nurse,  ambulance
    10  personnel,  a  director  of  a hospital or a medical director, employee,
    11  attendant, agent or volunteer of a hospital as defined in section  twen-
    12  ty-eight hundred one of the public health law, a public health sanitari-
    13  an,  New  York  city  public  health  sanitarian, sanitation enforcement
    14  agent, New York city sanitation worker, firefighter, paramedic,  techni-
    15  cian,  city marshal, school crossing guard appointed pursuant to section
    16  two hundred eight-a of the general municipal  law,  traffic  enforcement
    17  officer,  traffic enforcement agent or employee of an entity governed by
    18  the public service law, [he or she] such person causes  physical  injury
    19  to such peace officer, police officer, prosecutor as defined in subdivi-
    20  sion  thirty-one  of section 1.20 of the criminal procedure law, [regis-
    21  tered nurse, licensed practical nurse,] physician, physician  assistant,
    22  health  care  provider, primary care practitioner or primary care physi-
    23  cian, a nurse or nursing  professional  including  a  registered  nurse,
    24  nurse  practitioner,  certified or licensed nurse practitioner, a certi-
    25  fied nursing assistant, or a licensed practical nurse, ambulance person-
    26  nel, a director of a hospital or a medical director,  employee,  attend-
    27  ant, agent or volunteer of a hospital as defined in section twenty-eight
    28  hundred  one  of  the public health law, a public health sanitarian, New
    29  York city public health sanitarian, sanitation  enforcement  agent,  New
    30  York  city  sanitation  worker,  firefighter,  paramedic,  technician or
    31  medical or related personnel in a hospital  emergency  department,  city
    32  marshal,  school  crossing  guard,  traffic enforcement officer, traffic
    33  enforcement agent or employee  of  an  entity  governed  by  the  public
    34  service law; or
    35    11.  With  intent to cause physical injury to a train operator, ticket
    36  inspector, conductor, signalperson, bus operator, station agent, station
    37  cleaner, terminal cleaner, station customer assistant, traffic  checker;
    38  person  whose official duties include the sale or collection of tickets,
    39  passes, vouchers, or other revenue payment media for  use  on  a  train,
    40  bus, or ferry the collection or handling of revenues therefrom; a person
    41  whose official duties include the maintenance, repair, inspection, trou-
    42  bleshooting,  testing  or cleaning of buses or ferries, a transit signal
    43  system, elevated or underground subway tracks,  transit  station  struc-
    44  ture,  including  fare equipment, escalators, elevators and other equip-
    45  ment necessary to passenger service, commuter rail tracks  or  stations,
    46  train  yard,  revenue  train in passenger service, a ferry station, or a
    47  train or bus station or terminal; or a  supervisor  of  such  personnel,
    48  employed  by  any transit or commuter rail agency, authority or company,
    49  public or private, whose operation is authorized by New  York  state  or
    50  any  of  its  political  subdivisions, a city marshal, a school crossing
    51  guard appointed pursuant to section two hundred eight-a of  the  general
    52  municipal law, a traffic enforcement officer, traffic enforcement agent,
    53  prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
    54  criminal procedure law, sanitation  enforcement  agent,  New  York  city
    55  sanitation worker, public health sanitarian, New York city public health
    56  sanitarian,  [registered  nurse,  licensed  practical nurse,] physician,

        S. 2080                             3
 
     1  physician assistant, health care provider, primary care practitioner  or
     2  primary  care  physician,  a  nurse  or nursing professional including a
     3  registered nurse, nurse practitioner, certified or licensed nurse  prac-
     4  titioner,  a certified nursing assistant, or a licensed practical nurse,
     5  ambulance personnel, a director of a hospital  or  a  medical  director,
     6  employee,  attendant,  agent  or  volunteer  of a hospital as defined in
     7  section twenty-eight hundred one of the  public  health  law,  emergency
     8  medical  service paramedic, or emergency medical service technician, [he
     9  or she] such person causes physical injury to such train operator, tick-
    10  et inspector, conductor,  signalperson,  bus  operator,  station  agent,
    11  station  cleaner,  terminal cleaner, station customer assistant, traffic
    12  checker; person whose official duties include the sale or collection  of
    13  tickets,  passes,  vouchers  or other revenue payment media for use on a
    14  train, bus, or ferry or the collection or handling  of  revenues  there-
    15  from;  a  person  whose official duties include the maintenance, repair,
    16  inspection, troubleshooting, testing or cleaning of buses or ferries,  a
    17  transit  signal  system,  elevated or underground subway tracks, transit
    18  station structure, including fare equipment, escalators,  elevators  and
    19  other  equipment necessary to passenger service, commuter rail tracks or
    20  stations, train yard,  revenue  train  in  passenger  service,  a  ferry
    21  station,  or a train or bus station or terminal; or a supervisor of such
    22  personnel, city marshal, school crossing  guard  appointed  pursuant  to
    23  section  two  hundred  eight-a  of  the  general  municipal law, traffic
    24  enforcement officer, traffic enforcement agent, prosecutor as defined in
    25  subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
    26  [registered  nurse,  licensed  practical  nurse,]  physician,  physician
    27  assistant, health care provider, primary care  practitioner  or  primary
    28  care  physician,  a nurse or nursing professional including a registered
    29  nurse, nurse practitioner, certified or licensed nurse  practitioner,  a
    30  certified  nursing  assistant,  or a licensed practical nurse, ambulance
    31  personnel, a director of a hospital or  a  medical  director,  employee,
    32  attendant,  agent or volunteer of a hospital as defined in section twen-
    33  ty-eight hundred one of the public health law, public health sanitarian,
    34  New York city public health sanitarian,  sanitation  enforcement  agent,
    35  New York city sanitation worker, emergency medical service paramedic, or
    36  emergency  medical service technician, while such employee is performing
    37  an assigned duty on, or directly related to, the operation of a train or
    38  bus, cleaning of a train or bus station or terminal,  assisting  custom-
    39  ers, checking traffic, the sale or collection of tickets, passes, vouch-
    40  ers, or other revenue media for use on a train, bus, or ferry or mainte-
    41  nance  or  cleaning  of  a  train,  a  bus,  a  ferry, or bus station or
    42  terminal, signal system, elevated or underground subway tracks,  transit
    43  station  structure,  including fare equipment, escalators, elevators and
    44  other equipment necessary to passenger service, commuter rail tracks  or
    45  stations,  train  yard  or  revenue  train in passenger service, a ferry
    46  station, or such city marshal, school crossing guard,  traffic  enforce-
    47  ment officer, traffic enforcement agent, prosecutor as defined in subdi-
    48  vision thirty-one of section 1.20 of the criminal procedure law, [regis-
    49  tered  nurse, licensed practical nurse,] physician, physician assistant,
    50  health care provider, primary care practitioner or primary  care  physi-
    51  cian,  a  nurse  or  nursing  professional including a registered nurse,
    52  nurse practitioner, certified or licensed nurse practitioner,  a  certi-
    53  fied nursing assistant, or a licensed practical nurse, ambulance person-
    54  nel,  a  director of a hospital or a medical director, employee, attend-
    55  ant, agent or volunteer of a hospital as defined in section twenty-eight
    56  hundred one of the public health law, public health sanitarian, New York

        S. 2080                             4
 
     1  city public health sanitarian, sanitation enforcement  agent,  New  York
     2  city sanitation worker, emergency medical service paramedic, or emergen-
     3  cy medical service technician is performing an assigned duty; or
     4    §  2.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.
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