Senate Bill S4937

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

                                  4937

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 of certain persons
  providing direct patient care

  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, 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,  sanitation  enforcement agent, firefighter,
paramedic, technician, city  marshal,  traffic  enforcement  officer  or
traffic  enforcement  agent,  he  or  she causes physical injury to such
peace officer, police  officer,  registered  nurse,  licensed  practical
nurse,  sanitation enforcement agent, firefighter, paramedic, technician
or medical or related personnel in a hospital emergency department, city
marshal, traffic enforcement officer or traffic enforcement agent, OR TO
ANY DIRECT-CARE STAFF WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF  THE
EDUCATION  LAW  WHOSE  PRINCIPAL  RESPONSIBILITY  IS TO CARRY OUT DIRECT
PATIENT CARE FOR ONE OR MORE PATIENTS OR PROVIDES DIRECT  ASSISTANCE  IN
THE  DELIVERY OF PATIENT CARE IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09556-01-1
              

S. 4937                             2

HEALTH CARE FACILITY, GENERAL HOSPITAL, GOVERNMENT AGENCY INCLUDING  ANY
CHRONIC  DISEASE  HOSPITAL,  MATERNITY  HOSPITAL, OUTPATIENT DEPARTMENT,
EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE  TWENTY-EIGHT  OF  THE
PUBLIC  HEALTH  LAW  AND  SHALL  ALSO INCLUDE ANY FACILITY THAT PROVIDES
HEALTH CARE SERVICES PURSUANT TO THE MENTAL HYGIENE LAW,  ARTICLE  NINE-
TEEN-G  OF  THE  EXECUTIVE LAW OR THE CORRECTION LAW IF SUCH FACILITY IS
OPERATED BY THE STATE OR A POLITICAL  SUBDIVISION  OF  THE  STATE  OR  A
PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION; 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,
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 sani-
tation  enforcement agent, 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 enforcement
agent, registered  nurse  or  licensed  practical  nurse  or  sanitation
enforcement  agent, OR ANY DIRECT-CARE STAFF WHO IS NOT A NURSE PURSUANT
TO TITLE EIGHT OF THE EDUCATION LAW WHOSE PRINCIPAL RESPONSIBILITY IS TO
CARRY OUT DIRECT PATIENT CARE FOR  ONE  OR  MORE  PATIENTS  OR  PROVIDES
DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE IN ANY HOSPITAL, NURS-
ING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL HOSPITAL, GOVERNMENT
AGENCY  INCLUDING  ANY  CHRONIC  DISEASE  HOSPITAL,  MATERNITY HOSPITAL,
OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND SHALL ALSO INCLUDE ANY FACILI-
TY THAT PROVIDES HEALTH CARE SERVICES PURSUANT  TO  THE  MENTAL  HYGIENE
LAW,  ARTICLE  NINETEEN-G  OF THE EXECUTIVE LAW OR THE CORRECTION LAW IF
SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL SUBDIVISION OF THE
STATE OR A PUBLIC  AUTHORITY  OR  PUBLIC  BENEFIT  CORPORATION,  WHO  is
performing an assigned duty.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.