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S00122 Summary:

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S00122 Floor Votes:

S00122 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         122--B
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens.  PERALTA,  ADDABBO,  AVELLA, BRESLIN, DIAZ, DILAN,
          ESPAILLAT, GIANARIS, GOLDEN, HASSELL-THOMPSON, KENNEDY, LANZA, PARKER,
          PERKINS, RIVERA, SAMPSON, SANDERS, SAVINO, SERRANO, STAVISKY  --  read
          twice  and  ordered  printed,  and when printed to be committed to the

          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          committee  discharged,  bill amended, 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
    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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00313-05-4
        S. 122--B                           2
 
     1  that the animal obstruct the lawful  activity  of  such  peace  officer,
     2  police  officer,  prosecutor  as  defined  in  subdivision thirty-one of
     3  section 1.20 of the criminal procedure law, registered  nurse,  licensed
     4  practical  nurse, sanitation enforcement agent, New York city sanitation
     5  worker, firefighter, paramedic, technician, city marshal, school  cross-
     6  ing  guard  appointed  pursuant  to  section  two hundred eight-a of the

     7  general municipal law, traffic enforcement officer or  traffic  enforce-
     8  ment  agent,  he  or  she  causes physical injury to such peace officer,
     9  police officer, prosecutor  as  defined  in  subdivision  thirty-one  of
    10  section  1.20  of the criminal procedure law, registered nurse, licensed
    11  practical nurse, sanitation enforcement agent, New York city  sanitation
    12  worker, firefighter, paramedic, technician or medical or related person-
    13  nel  in  a  hospital emergency department, city marshal, school crossing
    14  guard, traffic enforcement officer or traffic enforcement agent; or
    15    11. With intent to cause physical injury to a train  operator,  ticket
    16  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
    17  employed by any transit agency, authority or company, public or private,

    18  whose operation is authorized by New York state or any of its  political
    19  subdivisions, a city marshal, a school crossing guard appointed pursuant
    20  to  section  two hundred eight-a of the general municipal law, a traffic
    21  enforcement officer, traffic enforcement agent, prosecutor as defined in
    22  subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
    23  sanitation  enforcement  agent,  New York city sanitation worker, regis-
    24  tered nurse or licensed practical nurse he or she causes physical injury
    25  to such train operator, ticket inspector, conductor,  signalperson,  bus
    26  operator or station agent, city marshal, school crossing guard appointed
    27  pursuant  to  section  two hundred eight-a of the general municipal law,
    28  traffic enforcement officer, traffic enforcement  agent,  prosecutor  as

    29  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    30  dure   law,  registered  nurse,  licensed  practical  nurse,  sanitation
    31  enforcement agent or New York city sanitation worker, while such employ-
    32  ee is performing an assigned duty on, or directly related to, the opera-
    33  tion of a train or bus, or such city  marshal,  school  crossing  guard,
    34  traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
    35  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    36  dure  law,  registered  nurse,  licensed  practical  nurse,   sanitation
    37  enforcement  agent  or New York city sanitation worker, is performing an
    38  assigned duty.
    39    § 2. This act shall take effect on the first of November next succeed-
    40  ing the date on which it shall have become a law.