Relates to elevating an assault of a New York city department of environmental protection employee or department of parks and recreation employee to the class D felony of assault in the second degree.
STATE OF NEW YORK
________________________________________________________________________
7114
IN SENATE(Prefiled)
January 3, 2018
___________
Introduced by Sen. AVELLA -- 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 elevating an assault of a
New York city department of environmental protection employee or
department of parks and recreation employee to the class D felony 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. Subdivision 3 of section 120.05 of the penal law, as
2 amended by chapter 267 of the laws of 2016, is amended to read as
3 follow:
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, traffic enforcement agent, New York city
16 department of environmental protection employee, New York city depart-
17 ment of parks and recreation employee or employee of any entity governed
18 by the public service law in the course of performing an essential
19 service, from performing a lawful duty, by means including releasing or
20 failing to control an animal under circumstances evincing the actor's
21 intent that the animal obstruct the lawful activity of such peace offi-
22 cer, police officer, prosecutor as defined in subdivision thirty-one of
23 section 1.20 of the criminal procedure law, registered nurse, licensed
24 practical nurse, public health sanitarian, New York city public health
25 sanitarian, sanitation enforcement agent, New York city sanitation work-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13404-01-7
S. 7114 2
1 er, firefighter, paramedic, technician, city marshal, school crossing
2 guard appointed pursuant to section two hundred eight-a of the general
3 municipal law, traffic enforcement officer, traffic enforcement agent,
4 New York city department of environmental protection employee, New York
5 city department of parks and recreation employee or employee of an enti-
6 ty governed by the public service law, he or she causes physical injury
7 to such peace officer, police officer, prosecutor as defined in subdivi-
8 sion thirty-one of section 1.20 of the criminal procedure law, regis-
9 tered nurse, licensed practical nurse, public health sanitarian, New
10 York city public health sanitarian, sanitation enforcement agent, New
11 York city sanitation worker, firefighter, paramedic, technician or
12 medical or related personnel in a hospital emergency department, city
13 marshal, school crossing guard, traffic enforcement officer, traffic
14 enforcement agent, New York city department of environmental protection
15 employee, New York city department of parks and recreation employee or
16 employee of an entity governed by the public service law; or
17 § 2. This act shall take effect immediately.