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

                                 4018--A
    Cal. No. 11

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  GOLDEN,  ADDABBO, DIAZ, FOLEY,
  HUNTLEY, KLEIN, LANZA, ONORATO,  PADAVAN,  PARKER,  PERALTA,  PERKINS,
  ROBACH,  SERRANO,  THOMPSON, VALESKY, VOLKER -- 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 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third reading, passed  by  Senate  and
  delivered  to  the  Assembly, recalled, vote reconsidered, restored to
  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 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
enforcement officer or traffic enforcement agent, he or she causes phys-
ical injury to such peace officer,  police  officer,  REGISTERED  NURSE,

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

                                                           LBD02516-03-0

S. 4018--A                          2

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.