Relates to assault on a New York city sanitation worker; provides that such assault is either a class C felony or constitutes assault in the second degree when such assault is by means of releasing or failing to control an animal with the intent to obstruct such person from performing their lawful duties.
STATE OF NEW YORK
________________________________________________________________________
3809--A
2011-2012 Regular Sessions
IN SENATE
March 4, 2011
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to assaulting a New York city
sanitation worker
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 separately amended by chapters 318 and 345 of the laws of 2010, are
3 amended to read as follows:
4 3. With intent to prevent a peace officer, a police officer, regis-
5 tered nurse, licensed practical nurse, sanitation enforcement agent, New
6 York city sanitation worker, a firefighter, including a firefighter
7 acting as a paramedic or emergency medical technician administering
8 first aid in the course of performance of duty as such firefighter, an
9 emergency medical service paramedic or emergency medical service techni-
10 cian, or medical or related personnel in a hospital emergency depart-
11 ment, a city marshal, a traffic enforcement officer or traffic enforce-
12 ment agent, from performing a lawful duty, by means including releasing
13 or failing to control an animal under circumstances evincing the actor's
14 intent that the animal obstruct the lawful activity of such peace offi-
15 cer, police officer, registered nurse, licensed practical nurse, sanita-
16 tion enforcement agent, New York city sanitation worker, firefighter,
17 paramedic, technician, city marshal, traffic enforcement officer or
18 traffic enforcement agent, he or she causes physical injury to such
19 peace officer, police officer, registered nurse, licensed practical
20 nurse, sanitation enforcement agent, New York city sanitation worker,
21 firefighter, paramedic, technician or medical or related personnel in a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09499-04-2
S. 3809--A 2
1 hospital emergency department, city marshal, traffic enforcement officer
2 or traffic enforcement agent; or
3 11. With intent to cause physical injury to a train operator, ticket
4 inspector, conductor, signalperson, bus operator or station agent
5 employed by any transit agency, authority or company, public or private,
6 whose operation is authorized by New York state or any of its political
7 subdivisions, a city marshal, a traffic enforcement officer, traffic
8 enforcement agent [or], sanitation enforcement agent, New York city
9 sanitation worker, registered nurse or licensed practical nurse he or
10 she causes physical injury to such train operator, ticket inspector,
11 conductor, signalperson, bus operator or station agent, city marshal,
12 traffic enforcement officer, traffic enforcement agent, registered nurse
13 or licensed practical nurse [or], sanitation enforcement agent[,] or New
14 York city sanitation worker, while such employee is performing an
15 assigned duty on, or directly related to, the operation of a train or
16 bus, or such city marshal, traffic enforcement officer, traffic enforce-
17 ment agent, registered nurse or licensed practical nurse [or], sanita-
18 tion enforcement agent or New York city sanitation worker, is performing
19 an assigned duty.
20 § 2. This act shall take effect on the thirtieth day after it shall
21 have become a law.
