senate Bill S1467A

Makes an assault of emergency department personnel while such employee is performing an assigned duty in, or directly related to, such hospital emergency department a felony

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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
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO CODES
  • 10 / Feb / 2014
    • PRINT NUMBER 1467A

Summary

Makes an assault of emergency department personnel while such employee is performing an assigned duty in, or directly related to such hospital emergency department, a felony.

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Bill Details

Versions:
S1467
S1467A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6239

Sponsor Memo

BILL NUMBER:S1467A

TITLE OF BILL: An act to amend the penal law, in relation to an
assault of emergency department personnel while such employee is
performing an assigned duty in, or directly related to such hospital
emergency department

SUMMARY OF PROVISIONS:

Section 1: Sets out legislative findings.

Section 2: Subdivision 11 of section 120.05 of the penal law, as
separately amended by chapter 259 of the laws of 2013, is amended to
read as follows: with intent to cause physical injury to a train
operator, ticket inspector, conductor, signal person, 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 enforcement agent or sanitation enforcement
agent, registered nurse or licensed practical nurse, technician or
medical or related personnel in a hospital emergency department while
such employee is performing an assigned duty in, or directly related
to such hospital emergency department he or she causes physical injury
to such train operator, ticket inspector, conductor, signal person,
bus operator or station agent, city marshal, traffic enforcement
officer, traffic enforcement agent, registered nurse or licensed
practical nurse or sanitation enforcement agent, 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 or sanitation enforcement agent is performing an
assigned duty or technician or medical or related personnel in a
hospital emergency department while such employee is performing an
assigned duty in, or directly related to such hospital emergency
department.

Section 3: This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

EXISTING LAW:

Subdivision 3 of section 120.05 of the penal law, as amended by
chapter 259 of the laws of 2013.

JUSTIFICATION:

Laws protecting Emergency Department personnel vary widely by state.
The concern is that our current New York State law does not go far
enough to address the problem of assaults on healthcare workers and
that the current law should be amended.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


On the same date and in the same manner in which Ch. 259 of the laws
of 2013 takes effect.

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

                                 1467--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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 an assault of emergency
  department personnel while such employee  is  performing  an  assigned
  duty in, or directly related to such hospital emergency department

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

  Section 1. Subdivision 3 of  section  120.05  of  the  penal  law,  as
amended  by  chapter  259  of  the  laws  of 2013, is 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 PERFORMING ANY PROFESSIONAL-RELATED  DUTIES,  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  offi-
cer,  police officer, prosecutor 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,  firefighter,  paramedic,  technician,  city  marshal,   traffic

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02893-02-4

S. 1467--A                          2

enforcement officer or traffic enforcement agent, he or she causes phys-
ical injury to such peace officer, police officer, prosecutor 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, firefighter, paramedic,  techni-
cian  or medical or related personnel in a hospital emergency department
WHILE SUCH EMPLOYEE IS PERFORMING  AN  ASSIGNED  DUTY  IN,  OR  DIRECTLY
RELATED  TO  SUCH  HOSPITAL  EMERGENCY DEPARTMENT, city marshal, traffic
enforcement officer or traffic enforcement agent; or
  S 2. Subdivision 11 of section 120.05 of the penal law, as amended  by
chapter 259 of the laws of 2013, is amended to read as follows:
  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, TECHNICIAN OR MEDICAL OR RELATED PERSONNEL IN A  HOSPI-
TAL  EMERGENCY  DEPARTMENT WHILE SUCH EMPLOYEE IS PERFORMING AN ASSIGNED
DUTY IN, OR DIRECTLY RELATED TO SUCH HOSPITAL EMERGENCY DEPARTMENT 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 proce-
dure   law,  registered  nurse,  licensed  practical  nurse,  sanitation
enforcement agent or New York city sanitation worker, while such employ-
ee is performing an assigned duty on, or directly related to, the opera-
tion of a train or bus, or such city marshal, traffic enforcement  offi-
cer,  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, is performing an assigned duty  OR  TECHNI-
CIAN  OR MEDICAL OR RELATED PERSONNEL IN A HOSPITAL EMERGENCY DEPARTMENT
WHILE SUCH EMPLOYEE IS PERFORMING  AN  ASSIGNED  DUTY  IN,  OR  DIRECTLY
RELATED TO SUCH HOSPITAL EMERGENCY DEPARTMENT.
  S  3.  This  act  shall  take  effect on the same date and in the same
manner as chapter 259 of the laws of 2013, takes effect.

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