S T A T E   O F   N E W   Y O R K
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                                 3103--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. KOON, PHEFFER, ZEBROWSKI, ENGLEBRIGHT, SCHROEDER,
  SPANO,  GUNTHER,  SCHIMEL, JAFFEE, HOYT, PERRY, RAMOS, TITONE, CAMARA,
  COLTON, CLARK, ORTIZ, BARRON, ALESSI, BROOK-KRASNY, MAYERSOHN, GIBSON,
  FIELDS, LANCMAN, HYER-SPENCER, LIFTON, SKARTADOS, BENEDETTO, CHRISTEN-
  SEN, GALEF, MAISEL, RUSSELL, DelMONTE -- Multi-Sponsored by --  M.  of
  A.  ABBATE,  BARRA, BURLING, COOK, CYMBROWITZ, DESTITO, DUPREY, HAYES,
  HEASTIE, HOOPER, JOHN,  LATIMER,  LAVINE,  P. LOPEZ,  LUPARDO,  MAGEE,
  McDONOUGH,  MENG,  RAIA, ROBINSON, SWEENEY, THIELE, WEISENBERG, WRIGHT
  -- read once and referred to the Committee on Codes -- recommitted  to
  the  Committee  on Codes in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the penal law, in relation to assault on certain emer-
  gency medical professionals

  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 45 of the  laws  of  2008,  is  amended  to  read  as
follows:
  3.  With  intent  to prevent a peace officer, a police officer, REGIS-
TERED NURSE, LICENSED PRACTICAL NURSE, a firefighter, including a  fire-
fighter  acting  as a paramedic or emergency medical technician adminis-
tering  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 hospital emer-
gency department, a city marshal, a traffic enforcement officer or traf-
fic 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,  REGISTERED  NURSE,  LICENSED  PRACTICAL
NURSE,   firefighter,   paramedic,  technician,  city  marshal,  traffic

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02516-02-0
              

A. 3103--A                          2

enforcement officer or traffic enforcement agent, he or she causes phys-
ical injury to such peace officer,  police  officer,  REGISTERED  NURSE,
LICENSED  PRACTICAL NURSE, firefighter, paramedic, technician or medical
or  related  personnel in a 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 45 of the laws of 2008, 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 [or],  traf-
fic  enforcement  agent, 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 [or], traffic enforcement agent,  REGISTERED
NURSE  OR  LICENSED PRACTICAL NURSE 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 [or], traffic
enforcement agent, REGISTERED  NURSE  OR  LICENSED  PRACTICAL  NURSE  is
performing an assigned duty.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.