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S03343 Summary:

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S03343 Committee Votes:

S03343 Floor Votes:

S03343 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3343
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 5, 2015
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- 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 protecting  public  health
          and sanitarian enforcement workers from assault
 
          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 196 of the laws of 2014, 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, public health
     7  sanitarian,  New York city public health sanitarian, sanitation enforce-
     8  ment agent, New York city sanitation worker, a firefighter, including  a
     9  firefighter acting as a paramedic or emergency medical technician admin-
    10  istering  first  aid  in the course of performance of duty as such fire-
    11  fighter, an emergency medical service  paramedic  or  emergency  medical
    12  service  technician, or medical or related personnel in a hospital emer-
    13  gency department, a city marshal,  a  school  crossing  guard  appointed
    14  pursuant  to section two hundred eight-a of the general municipal law, a
    15  traffic enforcement officer or traffic enforcement agent, from  perform-
    16  ing a lawful duty, by means including releasing or failing to control an
    17  animal  under  circumstances evincing the actor's intent that the animal
    18  obstruct the lawful activity of  such  peace  officer,  police  officer,
    19  prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
    20  criminal procedure law,  registered  nurse,  licensed  practical  nurse,
    21  public  health sanitarian, New York city public health sanitarian, sani-
    22  tation enforcement agent, New York city sanitation worker,  firefighter,
    23  paramedic,  technician,  city  marshal,  school crossing guard appointed
    24  pursuant to section two hundred eight-a of the  general  municipal  law,
    25  traffic  enforcement  officer  or  traffic  enforcement agent, he or she
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02364-01-5
        S. 3343                             2
 
     1  causes physical injury to such peace officer, police officer, prosecutor
     2  as defined in subdivision thirty-one of section  1.20  of  the  criminal
     3  procedure law, registered nurse, licensed practical nurse, public health
     4  sanitarian,  New York city public health sanitarian, sanitation enforce-
     5  ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
     6  technician  or  medical  or  related  personnel  in a hospital emergency
     7  department, city marshal, school  crossing  guard,  traffic  enforcement
     8  officer or traffic enforcement agent; or
     9    11.  With  intent to cause physical injury to a train operator, ticket
    10  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
    11  employed by any transit agency, authority or company, public or private,
    12  whose  operation is authorized by New York state or any of its political
    13  subdivisions, a city marshal, a school crossing guard appointed pursuant
    14  to section two hundred eight-a of the general municipal law,  a  traffic
    15  enforcement officer, traffic enforcement agent, prosecutor as defined in
    16  subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
    17  sanitation enforcement agent, New York city  sanitation  worker,  public
    18  health  sanitarian,  New  York city public health sanitarian, registered
    19  nurse or licensed practical nurse he or she causes  physical  injury  to
    20  such  train  operator,  ticket  inspector,  conductor, signalperson, bus
    21  operator or station agent, city marshal, school crossing guard appointed
    22  pursuant to section two hundred eight-a of the  general  municipal  law,
    23  traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
    24  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    25  dure law, registered nurse,  licensed  practical  nurse,  public  health
    26  sanitarian,  New York city public health sanitarian, sanitation enforce-
    27  ment agent or New York city sanitation worker, while  such  employee  is
    28  performing an assigned duty on, or directly related to, the operation of
    29  a  train  or  bus,  or such city marshal, school crossing guard, traffic
    30  enforcement officer, traffic enforcement agent, prosecutor as defined in
    31  subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
    32  registered  nurse,  licensed  practical nurse, public health sanitarian,
    33  New York city public health sanitarian, sanitation enforcement agent  or
    34  New York city sanitation worker, is performing an assigned duty.
    35    § 2. This act shall take effect on the first of November next succeed-
    36  ing the date on which it shall have become a law.