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
________________________________________________________________________
2394
2015-2016 Regular Sessions
IN ASSEMBLY
January 16, 2015
___________
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 196 of the laws of 2014, 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, sanitation
7 enforcement agent, New York city sanitation worker, a firefighter,
8 including a firefighter acting as a paramedic or emergency medical tech-
9 nician administering first aid in the course of performance of duty as
10 such firefighter, an emergency medical service paramedic or emergency
11 medical service technician, or medical or related personnel in a hospi-
12 tal emergency department, a city marshal, a school crossing guard
13 appointed pursuant to section two hundred eight-a of the general munici-
14 pal law, a traffic enforcement officer or traffic enforcement agent,
15 from performing a lawful duty, by means including releasing or failing
16 to control an animal under circumstances evincing the actor's intent
17 that the animal obstruct the lawful activity of such peace officer,
18 police officer, prosecutor as defined in subdivision thirty-one of
19 section 1.20 of the criminal procedure law, registered nurse, licensed
20 practical nurse, sanitation enforcement agent, New York city sanitation
21 worker, firefighter, paramedic, technician, city marshal, school cross-
22 ing guard appointed pursuant to section two hundred eight-a of the
23 general municipal law, traffic enforcement officer or traffic enforce-
24 ment agent, he or she causes physical injury to such peace officer,
25 police officer, prosecutor as defined in subdivision thirty-one of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03470-01-5
A. 2394 2
1 section 1.20 of the criminal procedure law, registered nurse, licensed
2 practical nurse, sanitation enforcement agent, New York city sanitation
3 worker, firefighter, paramedic, technician or medical or related person-
4 nel in a hospital emergency department, city marshal, school crossing
5 guard, traffic enforcement officer or traffic enforcement agent irre-
6 spective of whether the injury is serious physical injury; or
7 § 2. This act shall take effect immediately.
