S T A T E O F N E W Y O R K
________________________________________________________________________
8080--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 4, 2009
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee 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 assaults on department of
sanitation workers and nursing professionals
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 45 of the laws of 2008, are 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
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 DEPARTMENT OF SANITATION WORKER, A
NURSING PROFESSIONAL INCLUDING NURSE PRACTITIONERS, CERTIFIED OR
LICENSED NURSE PRACTITIONERS, CERTIFIED NURSING ASSISTANTS AND LICENSED
PRACTICAL NURSES, 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, firefighter, paramedic, technician, SANI-
TATION WORKER, NURSING PROFESSIONAL, city marshal, traffic enforcement
officer or traffic enforcement agent, he or she causes physical injury
to such peace officer, police officer, firefighter, paramedic, techni-
cian or medical or related personnel in a hospital emergency department,
SANITATION WORKER, NURSING PROFESSIONAL, city marshal, traffic enforce-
ment officer or traffic enforcement agent; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11543-02-0
A. 8080--A 2
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 DEPARTMENT OF SANITATION WORKER, A NURSING PROFESSIONAL
INCLUDING NURSE PRACTITIONERS, CERTIFIED OR LICENSED NURSE PRACTITION-
ERS, CERTIFIED NURSING ASSISTANTS AND LICENSED PRACTICAL NURSES, a city
marshal, a traffic enforcement officer or traffic enforcement agent, he
or she causes physical injury to such train operator, ticket inspector,
conductor, signalperson, bus operator or station agent, SANITATION WORK-
ER, NURSING PROFESSIONAL, city marshal, traffic enforcement officer or
traffic enforcement agent while such employee is performing an assigned
duty on, or directly related to, the operation of a train or bus, or
such SANITATION WORKER, NURSING PROFESSIONAL, city marshal, traffic
enforcement officer or traffic enforcement agent is performing an
assigned duty.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.