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

                                  3212

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

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  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]  A  NURSING PROFESSIONAL INCLUDING NURSE PRACTITIONERS, CERTIFIED
OR  LICENSED  nurse  PRACTITIONERS,  CERTIFIED  NURSING  ASSISTANTS  AND
licensed practical [nurse] NURSES, sanitation enforcement agent, 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, from performing a lawful duty, by
means including releasing or failing to control an animal under  circum-
stances  evincing the actor's intent that the animal obstruct the lawful
activity of such  peace  officer,  police  officer,  [registered  nurse,
licensed  practical  nurse] NURSING PROFESSIONAL, sanitation enforcement
agent,  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] NURSING PROFESSIONAL,  sanitation  enforcement
agent,  firefighter, paramedic, technician or medical or related person-
nel in a hospital emergency department, city marshal,  traffic  enforce-
ment officer or traffic enforcement agent; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06974-01-1

              

A. 3212                             2

  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
subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
enforcement agent or sanitation enforcement agent, [registered] A  NURS-
ING  PROFESSIONAL  INCLUDING  nurse PRACTITIONERS, CERTIFIED or licensed
NURSE PRACTITIONERS, CERTIFIED NURSING ASSISTANTS AND LICENSED practical
[nurse] NURSES, 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]  NURSING  PROFES-
SIONAL  or sanitation enforcement agent, while such employee is perform-
ing an assigned duty on, or directly related  to,  the  operation  of  a
train or bus, or such city marshal, traffic enforcement officer, traffic
enforcement  agent, [registered nurse or licensed practical nurse] NURS-
ING PROFESSIONAL  or  sanitation  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.