STATE OF NEW YORK
________________________________________________________________________
3757--B
2013-2014 Regular Sessions
IN ASSEMBLY
January 29, 2013
___________
Introduced by M. of A. DenDEKKER, WEPRIN, CRESPO, COLTON, MOSLEY,
LAVINE, SKOUFIS, COOK, MILLER, SCARBOROUGH, SEPULVEDA, FINCH, SKARTA-
DOS, ORTIZ, BORELLI, BENEDETTO, MOYA, PERRY, OTIS -- Multi-Sponsored
by -- M. of A. ABBATE, ARROYO, AUBRY, BRAUNSTEIN, BRENNAN, BUCHWALD,
CAMARA, CERETTO, CLARK, CYMBROWITZ, DiPIETRO, FAHY, FARRELL, GARBARI-
NO, GIGLIO, GRAF, JOHNS, KATZ, KEARNS, LUPINACCI, MARKEY, McDONALD,
McKEVITT, MILLMAN, NOLAN, PEOPLES-STOKES, RA, RAIA, RIVERA, ROSA,
SCHIMEL, SIMANOWITZ, SIMOTAS, SOLAGES, TEDISCO, TENNEY, TITONE,
WALTER, WEISENBERG -- read once and referred to the Committee on Codes
-- recommitted to the Committee on Codes in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to including the assault of a
school crossing guard within the offense of assault 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. Subdivisions 3 and 11 of section 120.05 of the penal law,
2 as amended by chapter 259 of the laws of 2013, are 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00313-04-4
A. 3757--B 2
1 appointed pursuant to section two hundred eight-a of the general munici-
2 pal law, a traffic enforcement officer or traffic enforcement agent,
3 from performing a lawful duty, by means including releasing or failing
4 to control an animal under circumstances evincing the actor's intent
5 that the animal obstruct the lawful activity of such peace officer,
6 police officer, prosecutor as defined in subdivision thirty-one of
7 section 1.20 of the criminal procedure law, registered nurse, licensed
8 practical nurse, sanitation enforcement agent, New York city sanitation
9 worker, firefighter, paramedic, technician, city marshal, school cross-
10 ing guard appointed pursuant to section two hundred eight-a of the
11 general municipal law, traffic enforcement officer or traffic enforce-
12 ment agent, he or she causes physical injury to such peace officer,
13 police officer, prosecutor as defined in subdivision thirty-one of
14 section 1.20 of the criminal procedure law, registered nurse, licensed
15 practical nurse, sanitation enforcement agent, New York city sanitation
16 worker, firefighter, paramedic, technician or medical or related person-
17 nel in a hospital emergency department, city marshal, school crossing
18 guard, traffic enforcement officer or traffic enforcement agent; or
19 11. With intent to cause physical injury to a train operator, ticket
20 inspector, conductor, signalperson, bus operator or station agent
21 employed by any transit agency, authority or company, public or private,
22 whose operation is authorized by New York state or any of its political
23 subdivisions, a city marshal, a school crossing guard appointed pursuant
24 to section two hundred eight-a of the general municipal law, a traffic
25 enforcement officer, traffic enforcement agent, prosecutor as defined in
26 subdivision thirty-one of section 1.20 of the criminal procedure law,
27 sanitation enforcement agent, New York city sanitation worker, regis-
28 tered nurse or licensed practical nurse he or she causes physical injury
29 to such train operator, ticket inspector, conductor, signalperson, bus
30 operator or station agent, city marshal, school crossing guard appointed
31 pursuant to section two hundred eight-a of the general municipal law,
32 traffic enforcement officer, traffic enforcement agent, prosecutor as
33 defined in subdivision thirty-one of section 1.20 of the criminal proce-
34 dure law, registered nurse, licensed practical nurse, sanitation
35 enforcement agent or New York city sanitation worker, while such employ-
36 ee is performing an assigned duty on, or directly related to, the opera-
37 tion of a train or bus, or such city marshal, school crossing guard,
38 traffic enforcement officer, traffic enforcement agent, prosecutor as
39 defined in subdivision thirty-one of section 1.20 of the criminal proce-
40 dure law, registered nurse, licensed practical nurse, sanitation
41 enforcement agent or New York city sanitation worker, is performing an
42 assigned duty.
43 § 2. This act shall take effect on the first of November next succeed-
44 ing the date on which it shall have become a law.
