Senate Bill S2206

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

                                  2206

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

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 amended by chapter 405 of the laws of 2010, 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) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated 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]  FIRE-
FIGHTER,  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, strangulation in the first degree as defined in section
121.13, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05138-01-1

              

S. 2206                             2

section  490.30, and criminal possession of a chemical weapon or biolog-
ical weapon in the third degree as defined in section 490.37.
  S  2.  Subdivision 3 of section 120.05 of the penal law, as separately
amended by chapters 318 and 345 of the laws of 2010, is 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 enforce-
ment officer [or], traffic enforcement agent, OR 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, registered nurse, licensed practical nurse, sanitation enforce-
ment  agent,  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, 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 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.