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Assembly Bill A8979

2009-2010 Legislative Session

Elevates assault of a utility worker in the second degree to a class D felony

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Archive: Last Bill Status - In Assembly Committee

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2009-A8979 (ACTIVE) - Details

See Senate Version of this Bill:
S196
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2965

2009-A8979 (ACTIVE) - Summary

Elevates assault of a utility worker in the second degree to a class D felony; includes an employee of an entity governed by the public service law within such provisions.

2009-A8979 (ACTIVE) - Sponsor Memo

2009-A8979 (ACTIVE) - Bill Text download pdf 

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

                                  8979

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2009
                               ___________

Introduced by M. of A. ALESSI -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to elevating an assault of a
  utility worker in the second degree to a class D felony

  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, 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  EMPLOYEE  OF  ANY  ENTITY
GOVERNED BY THE PUBLIC SERVICE LAW IN THE COURSE OF PERFORMING AN ESSEN-
TIAL  SERVICE, from performing a lawful duty, by means including releas-
ing 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,  city
marshal, traffic enforcement officer or traffic enforcement agent, he or
she  causes physical injury to such peace officer, police officer, fire-
fighter, paramedic, technician or medical  or  related  personnel  in  a
hospital emergency department, city marshal, traffic enforcement officer
[or], traffic enforcement agent OR EMPLOYEE OF AN ENTITY GOVERNED BY THE
PUBLIC SERVICE LAW; or
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03093-01-9

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