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

                                 4394--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- 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 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.
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S. 4394--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.

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

                                 4394--B
    Cal. No. 415

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sens.  SCHNEIDERMAN,  SAVINO  --  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 -- 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 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. 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 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,

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

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S. 4394--B                          2

traffic enforcement officer [or], traffic enforcement agent OR NEW  YORK
CITY SANITATION WORKER; or
  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  OR  NEW  YORK CITY SANITATION WORKER, he or she
causes physical injury to such train operator, ticket inspector, conduc-
tor, signalperson, bus operator or station agent, city marshal,  traffic
enforcement  officer  [or],  traffic  enforcement agent OR NEW YORK CITY
SANITATION WORKER, 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 OR NEW YORK CITY SANITATION WORKER is performing an assigned duty.
  S  2. This act shall take effect on the thirtieth day after shall have
become a law.