Senate Bill S2116

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

                                  2116

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 against  employees
  and  agents  of  the department of juvenile justice of the city of New
  York and making technical corrections relating to assaults on  medical
  or related personnel and firefighters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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]  FIREFIGHTER,  emergency
medical services professional, OR EMPLOYEE OR AGENT OF THE DEPARTMENT OF
JUVENILE  JUSTICE  OF THE CITY OF NEW YORK 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 criminal
possession of a chemical weapon or biological weapon in the third degree
as defined in section 490.37.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02097-01-9
              

S. 2116                             2

  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
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  enforce-
ment officer [or], traffic enforcement agent, OR AN EMPLOYEE OR AGENT OF
THE  DEPARTMENT  OF  JUVENILE  JUSTICE  OF  THE  CITY  OF NEW YORK, 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,  firefighter,  paramedic,  technician,  city  marshal,  traffic
enforcement officer [or], traffic enforcement agent, MEDICAL OR  RELATED
PERSONNEL IN A HOSPITAL EMERGENCY DEPARTMENT OR EMPLOYEE OR AGENT OF THE
DEPARTMENT OF JUVENILE JUSTICE OF THE CITY OF NEW YORK, 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 EMPLOYEE OR AGENT  OF  THE  DEPARTMENT  OF
JUVENILE JUSTICE OF THE CITY OF NEW YORK; or
  S  3.  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]  FIRE-
           FIGHTER, emergency medical services professional, OR EMPLOYEE
           OR AGENT OF THE DEPARTMENT OF JUVENILE JUSTICE OF THE CITY OF
           NEW YORK.
  A  person  is  guilty  of  assault on a peace officer, police officer,
[fireman or] FIREFIGHTER, emergency medical  services  professional,  OR
EMPLOYEE  OR  AGENT OF THE DEPARTMENT OF JUVENILE JUSTICE OF THE CITY OF
NEW YORK when, with intent to prevent a peace officer, A police officer,
a [fireman] FIREFIGHTER, including a [fireman] FIREFIGHTER acting  as  a
paramedic or emergency medical technician administering first aid in the
course  of  performance  of  duty as such [fireman] FIREFIGHTER, [or] an
emergency medical service paramedic [or], AN emergency  medical  service
technician OR AN EMPLOYEE OR AGENT OF THE DEPARTMENT OF JUVENILE JUSTICE
OF  THE CITY OF NEW YORK, from performing a lawful duty, he causes seri-
ous physical injury to such peace  officer,  police  officer,  [fireman]
FIREFIGHTER,  paramedic  [or],  technician  OR  EMPLOYEE OR AGENT OF THE
DEPARTMENT OF JUVENILE JUSTICE OF THE CITY OF NEW YORK.
  Assault on a peace officer, police officer, [fireman or]  FIREFIGHTER,
emergency  medical  services  professional  OR  EMPLOYEE OR AGENT OF THE
DEPARTMENT OF JUVENILE JUSTICE OF THE CITY OF NEW  YORK  is  a  class  C
felony.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.