senate Bill S1089A

Amended

Relates to assault of certain persons providing direct patient care

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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
  • 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

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

Votes

14
0
14
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S1089A

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--A

                       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  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 259 of the laws of 2013, are amended to read as
follows:
  3. With intent to prevent a peace officer, a police officer,  prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure  law,  registered  nurse, licensed practical nurse, sanitation
enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician  administering  first aid in the course of performance of duty as
such firefighter, an emergency medical service  paramedic  or  emergency
medical  service technician, or medical or related personnel in a hospi-
tal emergency department, a city marshal, a traffic enforcement  officer
or  traffic  enforcement  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 officer, police officer, prosecutor as defined in subdivi-
sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
tered nurse, licensed practical nurse, sanitation 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, prose-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02264-02-4

S. 1089--A                          2

cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal  procedure  law, registered nurse, licensed practical nurse, sanita-
tion 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 traf-
fic enforcement agent, OR TO ANY DIRECT-CARE STAFF WHO IS  NOT  A  NURSE
PURSUANT  TO  TITLE EIGHT OF THE EDUCATION LAW WHOSE PRINCIPAL RESPONSI-
BILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE  PATIENTS  OR
PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE IN ANY HOSPI-
TAL,  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,  prosecutor  as defined in subdivision thirty-one of
section 1.20 of  the  criminal  procedure  law,  sanitation  enforcement
agent,  New  York  city  sanitation worker, registered nurse or licensed
practical nurse he or she causes physical injury to such train operator,
ticket inspector,  conductor,  signalperson,  bus  operator  or  station
agent,  city  marshal,  traffic enforcement officer, traffic enforcement
agent, prosecutor as defined in subdivision thirty-one of  section  1.20
of  the  criminal  procedure  law,  registered nurse, 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, traf-
fic  enforcement  officer,  traffic  enforcement  agent,  prosecutor  as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure   law,  registered  nurse,  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  PRINCIPAL  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 CORPORATION 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;  provided,  however,
that  if  chapter 259 of the laws of 2013 shall not have taken effect on
or before such date, this act shall take effect  on  the  same  date  as
chapter 259 of the laws of 2013, takes effect.

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