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