senate Bill S1058

Relates to when a person is guilty of obstructing firefighting operations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 28 / Feb / 2013
    • 1ST REPORT CAL.121
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2013
    • PASSED SENATE
  • 06 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 04 / Feb / 2014
    • 1ST REPORT CAL.132
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 27 / Feb / 2014
    • PASSED SENATE
  • 27 / Feb / 2014
    • DELIVERED TO ASSEMBLY
  • 27 / Feb / 2014
    • REFERRED TO CODES

Summary

Establishes a person who intentionally obstructs the efforts of any firefighter performing emergency medical care on a sick or injured person is guilty of the crime of obstructing firefighting operations.

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Bill Details

See Assembly Version of this Bill:
A6874
Versions:
S1058
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง195.15, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S241, A2821
2009-2010: S1450, A4610
2007-2008: A5582

Sponsor Memo

BILL NUMBER:S1058

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of obstructing
firefighting operations

PURPOSE:
To add that individuals who obstruct a firefighter from performing
emergency medical care shall be guilty of the crime of obstructing a
fire fighting operation, a class A misdemeanor.

SUMMARY OF PROVISIONS:
Amends Section 195.15 of the penal law to add language stating that by
obstructing a firefighter who is performing emergency services you
are guilty of a class A misdemeanor.

JUSTIFICATION:
Firefighters perform various important functions in their day to day
routine, The law affords them special protection while in performance
of these duties. However, a loophole does exist that does not
adequately protect a firefighter who is performing emergency
services. An example occurred in the City of Rochester where a fire
company was responding to an EMS call and was performing Emergency
Medical Care on a victim in their place of residence. An onlooker
became physically agitated and attacked these fire fighters who were
treating the victim. The local police could not charge the individual
under Section 195.15 and he was charged under a different section of
law.

LEGISLATIVE HISTORY:
S.241/A.2821 of 2011/2012; Referred to Codes
S.1450/A.1242 of 2009/2010; Referred to Codes
S.500/A.5582 of 2007/2008; Passed Senate
S.691 of 2005/2005; Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: November next succeeding the date it shall have
become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1058

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MAZIARZ, GALLIVAN, GOLDEN, LITTLE -- 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 the crime of obstructing
  firefighting operations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 195.15 of the penal law, as amended by chapter 731
of the laws of 1981, is amended to read as follows:
S 195.15 Obstructing firefighting operations.
  A person is guilty of obstructing firefighting operations when  he  OR
SHE intentionally and unreasonably obstructs the efforts of any:
  1.  [fireman]  FIREFIGHTER  in  extinguishing  a  fire, or prevents or
dissuades another from extinguishing or helping to  extinguish  a  fire;
[or]
  2.  [fireman] FIREFIGHTER, police officer or peace officer in perform-
ing his OR HER duties in  circumstances  involving  an  imminent  danger
created  by  an  explosion, threat of explosion or the presence of toxic
fumes or gases; OR
  3. FIREFIGHTER PERFORMING EMERGENCY MEDICAL CARE ON A SICK OR  INJURED
PERSON.
  Obstructing firefighting operations is a class A misdemeanor.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02089-01-3

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