STATE OF NEW YORK
________________________________________________________________________
6079--B
Cal. No. 379
2009-2010 Regular Sessions
IN SENATE
July 6, 2009
___________
Introduced by Sens. PARKER, ADAMS, ADDABBO, DILAN, PERKINS -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules -- recommitted to the Committee on Codes in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first report, amended on first report, ordered to a second
report and ordered reprinted, retaining its place in the order of
second report -- reported favorably from said committee, ordered to
first and second report, ordered to a third reading, passed by Senate
and delivered to the Assembly, recalled, vote reconsidered, restored
to third reading, amended and ordered reprinted, retaining its place
in the order of third reading
AN ACT to amend the penal law, in relation to criminalizing assaults on
sanitation enforcement agents
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 45 of the laws of 2008, are amended to read as
3 follows:
4 3. With intent to prevent a peace officer, a police officer, sanita-
5 tion enforcement agent, a firefighter, including a firefighter acting as
6 a paramedic or emergency medical technician administering first aid in
7 the course of performance of duty as such firefighter, an emergency
8 medical service paramedic or emergency medical service technician, or
9 medical or related personnel in a hospital emergency department, a city
10 marshal, a traffic enforcement officer or traffic enforcement agent,
11 from performing a lawful duty, by means including releasing or failing
12 to control an animal under circumstances evincing the actor's intent
13 that the animal obstruct the lawful activity of such peace officer,
14 police officer, sanitation enforcement agent, firefighter, paramedic,
15 technician, city marshal, traffic enforcement officer or traffic
16 enforcement agent, he or she causes physical injury to such peace offi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14503-05-0
S. 6079--B 2
1 cer, police officer, sanitation enforcement agent, firefighter, paramed-
2 ic, technician or medical or related personnel in a hospital emergency
3 department, city marshal, traffic enforcement officer or traffic
4 enforcement agent; or
5 11. With intent to cause physical injury to a train operator, ticket
6 inspector, conductor, signalperson, bus operator or station agent
7 employed by any transit agency, authority or company, public or private,
8 whose operation is authorized by New York state or any of its political
9 subdivisions, a city marshal, a traffic enforcement officer [or], traf-
10 fic enforcement agent or sanitation enforcement agent, he or she causes
11 physical injury to such train operator, ticket inspector, conductor,
12 signalperson, bus operator or station agent, city marshal, traffic
13 enforcement officer [or], traffic enforcement agent or sanitation
14 enforcement agent, while such employee is performing an assigned duty
15 on, or directly related to, the operation of a train or bus, or such
16 city marshal, traffic enforcement officer [or], traffic enforcement
17 agent or sanitation enforcement agent is performing an assigned duty.
18 § 2. This act shall take effect on the thirtieth day after it shall
19 have become a law.