senate Bill S1089

Amended

Relates to assault of certain persons providing direct patient care

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Sponsor

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
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 17 / Jan / 2014
    • PRINT NUMBER 1089A
  • 29 / May / 2014
    • 1ST REPORT CAL.1043
  • 02 / Jun / 2014
    • 2ND REPORT CAL.
  • 03 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • AMENDED ON THIRD READING 1089B
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to assault of certain persons providing direct patient care in a health care setting; provides that such assault shall be a class D felony.

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Bill Details

See Assembly Version of this Bill:
A1498
Versions:
S1089
S1089A
S1089B
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S4937, A7577

Sponsor Memo

BILL NUMBER:S1089

TITLE OF BILL:
An act
to amend the penal law, in relation to assault of certain persons
providing direct patient care

PURPOSE OF GENERAL IDEA OF BILL:
To classify assault on a person
providing direct patient care as an assault in the second degree
under section 120.05 of the Penal law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Subdivisions 3 and 11
of section 120.05 of the penal law to include assaults on
persons providing direct patient care. A person providing direct
patient care is defined as any direct-care staff who is not a nurse
pursuant to title eight of the education law whose principal
responsibility is to carry out direct patient care for one or more
patients in a variety of health care settings.

JUSTIFICATION:
Current law provides the protections afforded in this
bill to a variety of professions, ranging from registered nurses to
firefighters, emergency medical technicians and even sanitation
enforcement agents. This bill seeks to apply the same standards to
direct care staff in a health care setting. This proposal is
consistent with the current inclusion of nurses, and will lead to
greater protections for health care workers that have to deal with
difficult conditions and patient related issues day in and day out.

PRIOR LEGISLATIVE HISTORY:
S4937/A7577 of 2011-12; Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

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

                                  1089

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 assault of certain persons
  providing direct patient care

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

  Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
as amended by chapter 377 of the laws of 2012, are amended  to  read  as
follows:
  3.  With  intent  to prevent a peace officer, a police officer, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York city sanitation worker,  a  firefighter,  including  a  firefighter
acting  as  a  paramedic  or  emergency medical technician administering
first aid in the course of performance of duty as such  firefighter,  an
emergency medical service paramedic or emergency medical service techni-
cian,  or  medical  or related personnel in a hospital emergency depart-
ment, a city marshal, a traffic enforcement officer or traffic  enforce-
ment  agent, from performing a lawful duty, by means including releasing
or failing to control an animal under circumstances evincing the actor's
intent that the animal obstruct the lawful activity of such peace  offi-
cer, police officer, registered nurse, licensed practical nurse, sanita-
tion  enforcement  agent,  New York city sanitation worker, firefighter,
paramedic, technician, city  marshal,  traffic  enforcement  officer  or
traffic  enforcement  agent,  he  or  she causes physical injury to such
peace officer, police  officer,  registered  nurse,  licensed  practical
nurse,  sanitation  enforcement  agent, New York city sanitation worker,
firefighter, paramedic, technician or medical or related personnel in  a
hospital emergency department, city marshal, traffic enforcement officer
or  traffic  enforcement agent, OR TO ANY DIRECT-CARE STAFF WHO IS NOT A
NURSE PURSUANT TO TITLE EIGHT  OF  THE  EDUCATION  LAW  WHOSE  PRINCIPAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02264-01-3

S. 1089                             2

RESPONSIBILITY  IS  TO  CARRY  OUT  DIRECT  PATIENT CARE FOR ONE OR MORE
PATIENTS OR PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF  PATIENT  CARE
IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL
HOSPITAL,  GOVERNMENT  AGENCY  INCLUDING  ANY  CHRONIC DISEASE HOSPITAL,
MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR  SURGICAL
CENTER  UNDER  ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW AND SHALL
ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO
THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE EXECUTIVE LAW  OR  THE
CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
RATION; or
  11.  With  intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose  operation is authorized by New York state or any of its political
subdivisions, a city marshal, a  traffic  enforcement  officer,  traffic
enforcement  agent,  sanitation enforcement agent, New York city sanita-
tion worker, registered nurse or licensed  practical  nurse  he  or  she
causes physical injury to such train operator, ticket inspector, conduc-
tor,  signalperson, bus operator or station agent, city marshal, traffic
enforcement officer, traffic  enforcement  agent,  registered  nurse  or
licensed  practical nurse, sanitation enforcement agent or New York city
sanitation worker, while such employee is performing  an  assigned  duty
on,  or  directly  related  to, the operation of a train or bus, or such
city marshal, traffic enforcement officer,  traffic  enforcement  agent,
registered  nurse  or  licensed  practical nurse, sanitation enforcement
agent or New York city sanitation worker, OR ANY DIRECT-CARE  STAFF  WHO
IS  NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHOSE PRIN-
CIPAL RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE
PATIENTS OR PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF  PATIENT  CARE
IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL
HOSPITAL,  GOVERNMENT  AGENCY  INCLUDING  ANY  CHRONIC DISEASE HOSPITAL,
MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR  SURGICAL
CENTER  UNDER  ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW AND SHALL
ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO
THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE EXECUTIVE LAW  OR  THE
CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
RATION, WHO, is performing an assigned duty.
  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.

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