Relates to assault on a peace officer, police officer, firefighter, emergency medical services professional, sanitation enforcement agent or New York city sanitation worker.
STATE OF NEW YORK
________________________________________________________________________
5428--A
2017-2018 Regular Sessions
IN SENATE
March 28, 2017
___________
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 assault on a peace offi-
cer, police officer, firefighter, emergency medical services profes-
sional, sanitation enforcement agent or New York city sanitation work-
er
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 120.08 of the penal law, as added by chapter 632 of
2 the laws of 1996, is amended to read as follows:
3 § 120.08 Assault on a peace officer, police officer, [fireman or] fire-
4 fighter, emergency medical services professional, sanitation
5 enforcement agent or New York city sanitation worker in the
6 first degree.
7 A person is guilty of assault on a peace officer, police officer,
8 [fireman or] firefighter, emergency medical services professional,
9 sanitation enforcement agent or New York city sanitation worker in the
10 first degree when, with intent to prevent a peace officer, police offi-
11 cer, a [fireman] firefighter, including a [fireman] firefighter acting
12 as a paramedic or emergency medical technician administering first aid
13 in the course of performance of duty as such [fireman] firefighter, [or]
14 an emergency medical service paramedic or emergency medical service
15 technician, sanitation enforcement agent or New York city sanitation
16 worker from performing a lawful duty, he or she causes serious physical
17 injury to such peace officer, police officer, [fireman] firefighter,
18 paramedic [or], technician, sanitation enforcement agent or New York
19 city sanitation worker.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10792-04-8
S. 5428--A 2
1 Assault on a peace officer, police officer, [fireman or] firefighter,
2 emergency medical services professional, sanitation enforcement agent or
3 New York city sanitation worker in the first degree is a class C felony.
4 § 2. The penal law is amended by adding a new section 120.08-a to read
5 as follows:
6 § 120.08-a Assault on a peace officer, police officer, firefighter,
7 emergency medical services professional, sanitation
8 enforcement agent or New York city sanitation worker in the
9 second degree.
10 A person is guilty of assault on a peace officer, police officer,
11 firefighter, emergency medical services professional, sanitation
12 enforcement agent or New York city sanitation worker in the second
13 degree when, with intent to prevent a peace officer, police officer, a
14 firefighter, including a firefighter acting as a paramedic or emergency
15 medical technician administering first aid in the course of performance
16 of duty as such firefighter, an emergency medical service paramedic or
17 emergency medical service technician, sanitation enforcement agent, or
18 New York city sanitation worker from performing a lawful duty, he or she
19 causes physical injury to such peace officer, police officer, firefight-
20 er, paramedic, technician, sanitation enforcement agent or New York city
21 sanitation worker.
22 Assault on a peace officer, police officer, firefighter, emergency
23 medical services professional, sanitation enforcement agent or New York
24 city sanitation worker in the second degree is a class D felony.
25 § 3. This act shall take effect on the first of November next succeed-
26 ing the date on which it shall have become a law.
