S09165 Summary:

BILL NOS09165
 
SAME ASNo Same As
 
SPONSORPHILLIPS
 
COSPNSR
 
MLTSPNSR
 
Amd §120.05, Pen L
 
Adds licensed municipal public safety officer to the list of public employees for which prevention of duties constitutes assault in the second degree.
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S09165 Actions:

BILL NOS09165
 
09/12/2018REFERRED TO RULES
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S09165 Committee Votes:

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S09165 Floor Votes:

There are no votes for this bill in this legislative session.
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S09165 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9165
 
                    IN SENATE
 
                                   September 12, 2018
                                       ___________
 
        Introduced  by Sen. PHILLIPS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the penal law, in relation to including licensed munici-
          pal public safety officers on the list of public employees  for  which
          prevention of duties qualifies as 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. Subdivisions 3 and 11 of section 120.05 of the  penal  law,
     2  subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
     3  sion  11  as  separately  amended by chapters 268 and 281 of the laws of
     4  2016, are amended to read as follows:
     5    3. With intent to prevent a peace officer, a police officer,  prosecu-
     6  tor as defined in subdivision thirty-one of section 1.20 of the criminal
     7  procedure law, registered nurse, licensed practical nurse, public health
     8  sanitarian,  New York city public health sanitarian, sanitation enforce-
     9  ment agent, New York city sanitation worker, a firefighter, including  a
    10  firefighter acting as a paramedic or emergency medical technician admin-
    11  istering  first  aid  in the course of performance of duty as such fire-
    12  fighter, an emergency medical service  paramedic  or  emergency  medical
    13  service  technician, or medical or related personnel in a hospital emer-
    14  gency department, a city marshal,  a  school  crossing  guard  appointed
    15  pursuant  to section two hundred eight-a of the general municipal law, a
    16  traffic enforcement officer, traffic enforcement agent, licensed munici-
    17  pal public safety officer or employee of  any  entity  governed  by  the
    18  public  service  law  in  the course of performing an essential service,
    19  from performing a lawful duty, by means including releasing  or  failing
    20  to  control  an  animal  under circumstances evincing the actor's intent
    21  that the animal obstruct the lawful  activity  of  such  peace  officer,
    22  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-
    26  er, firefighter, paramedic, technician, city  marshal,  school  crossing
    27  guard  appointed  pursuant to section two hundred eight-a of the general
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16528-01-8

        S. 9165                             2
 
     1  municipal law, traffic enforcement officer, traffic  enforcement  agent,
     2  licensed  municipal  public  safety  officer  or  employee  of an entity
     3  governed by the public service law, he or she causes physical injury  to
     4  such peace officer, police officer, prosecutor as defined in subdivision
     5  thirty-one  of  section  1.20  of the criminal procedure law, registered
     6  nurse, licensed practical nurse, public health sanitarian, New York city
     7  public health sanitarian, sanitation enforcement agent,  New  York  city
     8  sanitation  worker,  firefighter,  paramedic,  technician  or medical or
     9  related personnel in a  hospital  emergency  department,  city  marshal,
    10  school  crossing guard, traffic enforcement officer, traffic enforcement
    11  agent, licensed municipal public safety officer or employee of an entity
    12  governed by the public service law; or
    13    11. With intent to cause physical injury to a train  operator,  ticket
    14  inspector, conductor, signalperson, bus operator, station agent, station
    15  cleaner or terminal cleaner employed by any transit agency, authority or
    16  company,  public  or  private, whose operation is authorized by New York
    17  state or any of its political subdivisions, a  city  marshal,  a  school
    18  crossing  guard appointed pursuant to section two hundred eight-a of the
    19  general municipal law, a traffic enforcement officer,  traffic  enforce-
    20  ment  agent,  licensed  municipal  public  safety officer, prosecutor as
    21  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    22  dure law, sanitation enforcement agent, New York city sanitation worker,
    23  public health sanitarian, New York city public health sanitarian, regis-
    24  tered  nurse,  licensed  practical  nurse,  emergency  medical   service
    25  paramedic,  or  emergency  medical  service technician, he or she causes
    26  physical injury to such train  operator,  ticket  inspector,  conductor,
    27  signalperson,  bus  operator, station agent, station cleaner or terminal
    28  cleaner, city marshal,  school  crossing  guard  appointed  pursuant  to
    29  section  two  hundred  eight-a  of  the  general  municipal law, traffic
    30  enforcement  officer,  traffic  enforcement  agent,  licensed  municipal
    31  public  safety  officer, prosecutor as defined in subdivision thirty-one
    32  of section  1.20  of  the  criminal  procedure  law,  registered  nurse,
    33  licensed practical nurse, public health sanitarian, New York city public
    34  health  sanitarian,  sanitation enforcement agent, New York city sanita-
    35  tion worker, emergency medical service paramedic, or  emergency  medical
    36  service  technician,  while such employee is performing an assigned duty
    37  on, or directly related to, the operation of a train or  bus,  including
    38  the  cleaning  of  a  train  or  bus  station  or terminal, or such city
    39  marshal, school crossing guard,  traffic  enforcement  officer,  traffic
    40  enforcement  agent, licensed municipal public safety officer, prosecutor
    41  as defined in subdivision thirty-one of section  1.20  of  the  criminal
    42  procedure law, registered nurse, licensed practical nurse, public health
    43  sanitarian,  New York city public health sanitarian, sanitation enforce-
    44  ment agent, New York city sanitation worker, emergency  medical  service
    45  paramedic,  or  emergency  medical  service  technician is performing an
    46  assigned duty; or
    47    § 2. This act shall take effect immediately.
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