Assembly Bill A10510

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

                                  10510

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to amend the penal law, in relation to assault on code enforce-
  ment personnel

  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 separately amended by chapters 318 and 345 of the laws of  2010,  are
amended to read as follows:
  3.  With  intent  to prevent a peace officer, a police officer, regis-
tered nurse, licensed practical nurse, sanitation enforcement  agent,  a
firefighter,  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 ANY CODE ENFORCEMENT PERSON-
NEL AS SUCH TERM IS DEFINED PURSUANT TO RULES AND REGULATIONS PROMULGAT-
ED  BY  THE  SECRETARY  OF  STATE PURSUANT TO SUBDIVISION ONE OF SECTION
THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW, 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,  sanitation  enforcement  agent,  firefighter,
paramedic,  technician,  city marshal, traffic enforcement officer [or],
traffic enforcement agent OR ANY CODE ENFORCEMENT PERSONNEL, he  or  she
causes physical injury to such peace officer, police officer, registered
nurse,  licensed  practical  nurse,  sanitation enforcement agent, fire-
fighter, paramedic, technician or medical  or  related  personnel  in  a
hospital emergency department, city marshal, traffic enforcement officer
[or], traffic enforcement agent OR ANY CODE ENFORCEMENT PERSONNEL; 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,

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

                                                           LBD13597-02-1

A. 10510                            2

whose  operation is authorized by New York state or any of its political
subdivisions, a city marshal, a  traffic  enforcement  officer,  traffic
enforcement  agent  or sanitation enforcement agent, registered nurse or
licensed  practical nurse he or she causes physical injury to such train
operator, ticket inspector, conductor,  signalperson,  bus  operator  or
station  agent,  city  marshal,  traffic  enforcement  officer,  traffic
enforcement agent, registered nurse or licensed  practical  nurse  [or],
sanitation  enforcement agent, OR ANY CODE ENFORCEMENT PERSONNEL AS SUCH
TERM IS DEFINED PURSUANT TO RULES AND  REGULATIONS  PROMULGATED  BY  THE
SECRETARY  OF STATE PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED
EIGHTY-ONE OF THE EXECUTIVE LAW, while such employee  is  performing  an
assigned  duty  on,  or directly related to, the operation of a train or
bus, or such city marshal, traffic enforcement officer, traffic enforce-
ment agent, registered nurse or licensed practical nurse  [or],  sanita-
tion  enforcement  agent  OR CODE ENFORCEMENT PERSONNEL is performing an
assigned duty.
  S 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.