Shimsky, Colton, Eachus, Aubry, Taylor, Walker, Simon
MLTSPNSR
Gunther
Amd §120.05, Pen L
Relates to the assault of physicians providing direct patient care; provides that assault of physicians shall be assault in the second degree, a class D felony.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A748
SPONSOR: Joyner TITLE OF BILL:
An act to amend the penal law, in relation to the assault of physicians
providing direct patient care
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that the current law which classifies an assault on a person
providing direct patient care as an assault in the second degree under
section 120.05 of the Penal law includes physicians.
SUMMARY OF SPECIFIC PROVISIONS:
1. Amends subdivisions 3, 3-c and 11-c of section 120.05 of the penal
law to include assaults on physicians and on all persons providing
direct patient case regardless of health care setting. Physician in this
bill has the same definition as in article 131 of education law.
JUSTIFICATION:
Current law provides the protections afforded in this bill to a variety
of healthcare and public safety profess-ions, ranging from registered
nurses to firefighters, emergency medical technicians and even sanita-
tion enforcement agents. Following the tragic shooting of Dr. Tracy Tam
at Bronx Lebanon hospital on June 30, 2017, this bill seeks to ensure
that the same standards and protections are applied to physicians as
other professions and inclusive of all health care settings where direct
patient care is provided:
This proposal is consistent with the current inclusion of nurses and
other health care professions and will lead to greater protections for
health care workers that have'dedicated their lives to improving the
health and wellbeing of others. AccOrding to the Bureau of Labor Statis-
tics, 74% of all non-fatal assaults that happen within the workplace
involve healthcare workers. This number may be lower than the actual
amount, due to under reporting. Because of the high number of assaults
they are exposed to, many physicians have resigned themselves to handl-
ing these dangerous situations without complaint. At least thirty-one
states, including New York have instituted laws making the assault of
nurses a felony. In every state in the country it is a felony to assault
police officer, fire fighter, and EMT. It must be made clear that physi-
cians have the same protections under the law against assault. Physi-
cians, who provide life-saving and crucial medical care should not be
left vulnerable to assault. By ensuring the law is clear, this legis-
lation can provide a safe work environment for physicians and all
professionals providing direct patient care regardless of practice
setting.
PRIOR LEGISLATIVE HISTORY:
03/01/21 referred to codes
01/05/22 referred to codes
Assembly: 01/22/19 Referred to Codes, 03/26/18 Referred to Codes
Senate: 01/17/19 Referred to Codes, 06/18/18 Referred to Codes,
06/18/18 Passed Senate 05/22/18 Advanced to third reading,
03/22/18 Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
748
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to the assault of physicians
providing direct patient care
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 follows:
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, a physician as defined in article one hundred thirty-one
7 of the education law, registered nurse, licensed practical nurse, public
8 health sanitarian, New York city public health sanitarian, sanitation
9 enforcement agent, New York city sanitation worker, a firefighter,
10 including a firefighter acting as a paramedic or emergency medical tech-
11 nician administering first aid in the course of performance of duty as
12 such firefighter, an emergency medical service paramedic or emergency
13 medical service technician, or medical or related personnel in a hospi-
14 tal emergency department, a city marshal, a school crossing guard
15 appointed pursuant to section two hundred eight-a of the general munici-
16 pal law, a traffic enforcement officer, traffic enforcement agent or
17 employee of any entity governed by the public service law in the course
18 of performing an essential service, from performing a lawful duty, by
19 means including releasing or failing to control an animal under circum-
20 stances evincing the actor's intent that the animal obstruct the lawful
21 activity of such peace officer, police officer, prosecutor as defined in
22 subdivision thirty-one of section 1.20 of the criminal procedure law, a
23 physician as defined in article one hundred thirty-one of the education
24 law, registered nurse, licensed practical nurse, public health sanitari-
25 an, New York city public health sanitarian, sanitation enforcement
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02343-01-3
A. 748 2
1 agent, New York city sanitation worker, firefighter, paramedic, techni-
2 cian, city marshal, school crossing guard appointed pursuant to section
3 two hundred eight-a of the general municipal law, traffic enforcement
4 officer, traffic enforcement agent or employee of an entity governed by
5 the public service law, he or she causes physical injury to such peace
6 officer, police officer, prosecutor as defined in subdivision thirty-one
7 of section 1.20 of the criminal procedure law, a physician as defined in
8 article one hundred thirty-one of the education law, registered nurse,
9 licensed practical nurse, public health sanitarian, New York city public
10 health sanitarian, sanitation enforcement agent, New York city sanita-
11 tion worker, firefighter, paramedic, technician or medical or related
12 personnel in a hospital emergency department, city marshal, school
13 crossing guard, traffic enforcement officer, traffic enforcement agent
14 or employee of an entity governed by the public service law; or
15 § 2. Subdivision 3-c of section 120.05 of the penal law, as added by
16 chapter 423 of the laws of 2015, is amended to read as follows:
17 3-c. With intent to prevent an employee providing direct patient care,
18 who is not a nurse pursuant to title eight of the education law, whose
19 principal employment responsibility is to carry out direct patient care
20 for one or more patients in any hospital, nursing home, residential
21 health care facility, general hospital, government agency including any
22 chronic disease hospital, maternity hospital, outpatient department,
23 emergency center or surgical center under article twenty-eight of the
24 public health law or other setting where direct patient care is
25 provided, from performing a lawful duty, he or she causes physical inju-
26 ry to such employee providing direct patient care; or
27 § 3. Subdivision 11-c of section 120.05 of the penal law, as added by
28 chapter 423 of the laws of 2015, is amended to read as follows:
29 11-c. With intent to cause physical injury to an employee providing
30 direct patient care, who is not a nurse pursuant to title eight of the
31 education law, whose principal employment responsibility is to carry out
32 direct patient care for one or more patients in any hospital, nursing
33 home, residential health care facility, general hospital, government
34 agency including any chronic disease hospital, maternity hospital,
35 outpatient department, emergency center or surgical center under article
36 twenty-eight of the public health law or other setting where direct
37 patient care is provided, he or she causes physical injury to such
38 employee providing direct patient care while such employee is performing
39 a lawful duty; or
40 § 4. This act shall take effect on the ninetieth day after it shall
41 have become a law.
