S T A T E O F N E W Y O R K
________________________________________________________________________
8081
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
AN ACT to amend the penal law, in relation to assaults on 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 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 traffic enforcement agent, from perform-
ing 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, NURSING PROFESSIONAL, city marshal,
traffic enforcement officer or traffic enforcement agent, he or she
causes physical injury to such peace officer, police officer, firefight-
er, paramedic, technician or medical or related personnel in a hospital
emergency department, NURSING PROFESSIONAL, city marshal, traffic
enforcement officer or traffic enforcement agent; 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11544-01-9
A. 8081 2
subdivisions, 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 traffic enforcement agent, he or she causes physical injury
to such train operator, ticket inspector, conductor, signalperson, bus
operator or station agent, 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 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.