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.