Senate Bill S2103

2009-2010 Legislative Session

Adds registered nurse and licensed practical nurse to assault of emergency medical professionals and provides for class C and D felonies for physical injury to them

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 07, 2009	recommit, enacting clause stricken
Feb 11, 2009	referred to codes

co-Sponsors

2009-S2103 (ACTIVE) - Details

See other versions of this Bill:: S4018 ,; A3103 ,
Law Section:: Penal Law
Laws Affected:: Amd §§120.05 & 120.08, Pen L

2009-S2103 (ACTIVE) - Summary

Adds registered nurse and license practical nurse to assault of emergency medical professionals and provides for class C and D felonies for physical injury to them.

2009-S2103 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2103

 TITLE OF BILL :

An act to amend the penal law, in relation to assault on certain
emergency medical professionals

 PURPOSE :

To add registered nurses and licensed practical nurses to the
definition of assault of emergency medical professionals and to
provide for a Class C felony charge for physical injury caused to
these individuals.

 SUMMARY OF PROVISIONS :

Section 1. Section 120.08 of the penal law, is amended by updating the
gender-related language, changing the term "fireman" to "firefighter"
and to include "she" in the definition of those who may cause injury
to another person; and to include registered nurses and licensed
practice nurses in the definition of emergency medical services
professionals when defining assault on such emergency medical service
professionals. Section 120.08 renders such assaults on an emergency
medical services professional, during which he or she causes serious
physical injury which prevents them from performing a lawful duty, a
Class C felony. §2. Subdivision 3 of Section 120.05 of the penal law

is amended by updating the gender - related language, changing the
term "fireman" to "firefighter" and to include "she" in the definition
of those who may cause injury to another person; and to include
registered nurses and licensed practical nurses in the definition of
emergency medical services professionals when including releasing or
failing to control an animal under certain circumstances evincing the
actor's intent that the animal obstruct the lawful activity of such
with the intent to cause physical harm to an emergency medical
services professional , which prevents them from performing their
duty. §3. Sets the effective date for the first of November next
succeeding the date on which it shall have become law.

 EXISTING LAW :

None.

 JUSTIFICATION :

Each year, countless acts of violence are inflicted upon emergency
medical professionals while in the line of duty. They are subject to
intimidation, harassment, physical assault and numerous other forms of
emotional, verbal and physical abuse that include choking, stabbing
and threatening. An unfortunate element of this abuse is that a large
percentage goes unreported, thus allowing patients to not be held
responsible for their actions. The unpunished behavior, which leads to
lower job satisfaction and increased staff shortages, sends a message
to those present that violence or abuse is an acceptable means of
expression. Because the health care field is experiencing an
overwhelming shortage of nurses, it is imperative that every measure
be taken to ensure the protection of their safety.  It is most
important to visibly establish that violent or abusive reactions are
not appropriate and have severe consequences. By amending the existing
definition of assault as a Class C felony on emergency medical
services professionals to include registered nurses and licensed
practical nurses along with peace officers, police officers and
firefighters, an important standard will be established within the
medical field that violence against medic al professionals is not
acceptable and will not be tolerated.

 LEGISLATIVE HISTORY :
2007-2008:  S.3441 - Referred to Codes, Passed Senate

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
First of November next succeeding the date on which it shall have
become law.

2009-S2103 (ACTIVE) - Bill Text download pdf

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

                                  2103

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced by Sens. GOLDEN, LANZA, PADAVAN, ROBACH, SEWARD -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Codes

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,
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.  Section 120.08 of the penal law, as added by chapter 632 of the
laws of 1996, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02516-01-9

S. 2103                             2

S 120.08 Assault on a peace officer,  police  officer,  [fireman]  FIRE-
           FIGHTER, REGISTERED NURSE, LICENSED PRACTICAL NURSE, or emer-
           gency medical services professional.
  A  person  is  guilty  of  assault on a peace officer, police officer,
[fireman] FIREFIGHTER, REGISTERED NURSE, LICENSED  PRACTICAL  NURSE,  or
emergency  medical  services professional when, with intent to prevent a
peace officer, police officer,  a  [fireman]  FIREFIGHTER,  including  a
[fireman] FIREFIGHTER acting as a paramedic or emergency medical techni-
cian  administering  first  aid  in the course of performance of duty as
such [fireman] FIREFIGHTER, REGISTERED NURSE, LICENSED PRACTICAL  NURSE,
or  an  emergency medical service paramedic or emergency medical service
technician, from performing a lawful duty,  he  OR  SHE  causes  serious
physical  injury  to such peace officer, police officer, [fireman] FIRE-
FIGHTER, REGISTERED NURSE, LICENSED PRACTICAL NURSE, paramedic or  tech-
nician.
  Assault  on  a  peace  officer, police officer, [fireman] FIREFIGHTER,
REGISTERED  NURSE,  LICENSED  PRACTICAL  NURSE,  or  emergency   medical
services professional is a class C felony.
  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.

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Senate Bill S2103

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Archive: Last Bill Status - Stricken

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co-Sponsors

2009-S2103 (ACTIVE) - Details

2009-S2103 (ACTIVE) - Summary

2009-S2103 (ACTIVE) - Sponsor Memo

2009-S2103 (ACTIVE) - Bill Text download pdf

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - Stricken

Actions

co-Sponsors

Andrew J. Lanza

Frank Padavan

Joseph E. Robach

James L. Seward

2009-S2103 (ACTIVE) - Details

2009-S2103 (ACTIVE) - Summary

2009-S2103 (ACTIVE) - Sponsor Memo

2009-S2103 (ACTIVE) - Bill Text download pdf

Comments