S T A T E O F N E W Y O R K
________________________________________________________________________
5518--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. LANCMAN
-- 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 assaulting a New York city
sanitation worker
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 120.08 of the penal law, as added by chapter 632 of
the laws of 1996, is amended to read as follows:
S 120.08 Assault on a peace officer, police officer, fireman [or], emer-
gency medical services professional OR NEW YORK CITY SANITA-
TION WORKER.
A person is guilty of assault on a peace officer, police officer,
fireman [or], emergency medical services professional OR NEW YORK CITY
SANITATION WORKER when, with intent to prevent a peace officer, police
officer, a fireman, including a fireman acting as a paramedic or emer-
gency medical technician administering first aid in the course of
performance of duty as such fireman, [or] an emergency medical service
paramedic or emergency medical service technician, OR NEW YORK CITY
SANITATION WORKER from performing a lawful duty, he causes serious phys-
ical injury to such peace officer, police officer, fireman, paramedic
[or], technician, OR NEW YORK CITY SANITATION WORKER.
Assault on a peace officer, police officer, fireman [or], emergency
medical services professional OR A NEW YORK CITY SANITATION WORKER is a
class C felony.
S 2. 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, a fire-
fighter, including a firefighter acting as a paramedic or emergency
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08767-03-0
A. 5518--A 2
medical technician 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 hospital emergency department, a city marshal, a traffic enforcement
officer [or], traffic enforcement agent OR NEW YORK CITY SANITATION
WORKER, 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, firefighter, paramedic, technician, city marshal,
traffic enforcement officer [or], traffic enforcement agent OR NEW YORK
CITY SANITATION WORKER, he or she causes physical injury to such peace
officer, police officer, firefighter, paramedic, technician or medical
or related personnel in a hospital emergency department, city marshal,
traffic enforcement officer [or], traffic enforcement agent OR NEW YORK
CITY SANITATION WORKER; or
S 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as separately amended by chapters 764 and 765 of the laws of 2005, is
amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a); aggravated criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in the second degree as defined in section 125.21, aggravated sexual
abuse in the second degree as defined in section 130.67, assault on a
peace officer, police officer, fireman [or], emergency medical services
professional OR NEW YORK CITY SANITATION WORKER as defined in section
120.08, gang assault in the second degree as defined in section 120.06,
burglary in the second degree as defined in section 140.25, robbery in
the second degree as defined in section 160.10, criminal possession of a
weapon in the second degree as defined in section 265.03, criminal use
of a firearm in the second degree as defined in section 265.08, criminal
sale of a firearm in the second degree as defined in section 265.12,
criminal sale of a firearm with the aid of a minor as defined in section
265.14, soliciting or providing support for an act of terrorism in the
first degree as defined in section 490.15, hindering prosecution of
terrorism in the second degree as defined in section 490.30, and crimi-
nal possession of a chemical weapon or biological weapon in the third
degree as defined in section 490.37.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.