senate Bill S1089B

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

See Assembly Version of this Bill:
A1498B
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:S1089B

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. Creates subdivisions 3-b and 11-b 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--B
    Cal. No. 1043

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MAZIARZ, ADDABBO, AVELLA, GIPSON, GRISANTI, HANNON,
  ROBACH, VALESKY -- 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 -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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. Section 120.05 of the penal law is amended  by  adding  two
new subdivisions 3-b and 11-b to read as follows:
  3-B.  WITH  INTENT  TO  PREVENT AN   EMPLOYEE PROVIDING DIRECT PATIENT
CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE  EDUCATION  LAW,
WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT
CARE FOR ONE OR MORE PATIENTS 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 ANY FACILITY THAT PROVIDES DIRECT PATIENT CARE  OR
HEALTH  CARE  SERVICES  PURSUANT  TO  THE  MENTAL  HYGIENE  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, FROM PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES PHYSICAL  INJURY
TO SUCH EMPLOYEE PROVIDING DIRECT PATIENT CARE.
  11-B.    WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE PROVIDING
DIRECT PATIENT CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT  OF  THE
EDUCATION LAW, WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02264-11-4

S. 1089--B                          2

DIRECT  PATIENT  CARE  FOR ONE OR MORE PATIENTS 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 ANY FACILITY THAT PROVIDES
DIRECT PATIENT CARE OR HEALTH  CARE  SERVICES  PURSUANT  TO  THE  MENTAL
HYGIENE  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,  HE  OR SHE CAUSES PHYSICAL INJURY TO SUCH
EMPLOYEE PROVIDING DIRECT PATIENT CARE WHILE SUCH EMPLOYEE IS PERFORMING
A LAWFUL 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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