NY State Senate Bill 2011-S6239

Senate Bill S6239

2011-2012 Legislative Session

Makes an assault of emergency department personnel while such employee is performing an assigned duty in, or directly related to such hospital emergency department a felony

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2012	referred to codes

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2011-S6239 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S1467

2011-S6239 (ACTIVE) - Summary

Makes an assault of emergency department personnel while such employee is performing an assigned duty on, or directly related to such hospital emergency department, a felony.

2011-S6239 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6239

TITLE OF BILL:

An act
to amend the penal law, in relation to an assault of emergency
department personnel while such employee is performing an assigned duty
in, or directly related to such hospital emergency department

SUMMARY OF PROVISIONS:

Section 1: Sets out legislative findings.

Section 2: Subdivision 11 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: with intent to cause physical injury to a
train operator, ticket inspector, conductor, signal person, 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 enforcement agent or sanitation
enforcement agent, registered nurse or licensed practical nurse,
technician or medical or related personnel in a hospital emergency
department while such employee is performing an assigned duty in, or
directly related to such hospital emergency department he or she
causes physical injury to such train operator, ticket inspector,
conductor, signal person, bus operator or station agent, city marshal,

traffic enforcement officer, traffic enforcement agent, registered
nurse or licensed practical nurse or sanitation 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 is performing an assigned duty or technician or
medical or related personnel in a hospital emergency department while
such employee is performing an assigned duty in, or directly related
to such hospital emergency department.

Section 3: This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

EXISTING LAW:

With intent to prevent a peace officer, a police officer, registered
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 department performing any professional-related
duties, 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 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, registered


nurse, licensed practical nurse, sanitation enforcement agent,
firefighter, paramedic, technician or medical or related personnel in
a hospital emergency while such employ

JUSTIFICATION:

Laws protecting Emergency Department personnel vary widely by state.
The concern is that our current New York State law does not go far
enough to address the problem of assaults on healthcare workers and
that the current law should be amended.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2011-S6239 (ACTIVE) - Bill Text download pdf

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

                                  6239

                            I N  S E N A T E

                            January 17, 2012
                               ___________

Introduced  by  Sen.  ALESI  -- 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 an  assault  of  emergency
  department  personnel  while  such  employee is performing an assigned
  duty in, or directly related to such hospital emergency department

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 120.05 of the penal law, as sepa-
rately 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  PERFORMING  ANY  PROFESSIONAL-RELATED
DUTIES,  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 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,
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 person-
nel in a hospital emergency department WHILE SUCH EMPLOYEE IS PERFORMING
AN ASSIGNED DUTY IN, OR DIRECTLY  RELATED  TO  SUCH  HOSPITAL  EMERGENCY
DEPARTMENT,   city  marshal,  traffic  enforcement  officer  or  traffic
enforcement agent; or
  S 2. Subdivision 11 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:

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

                                                           LBD13399-01-1

S. 6239                             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  nurse  or
licensed  practical nurse, TECHNICIAN OR MEDICAL OR RELATED PERSONNEL IN
A HOSPITAL EMERGENCY DEPARTMENT WHILE SUCH  EMPLOYEE  IS  PERFORMING  AN
ASSIGNED DUTY IN, OR DIRECTLY RELATED TO SUCH HOSPITAL EMERGENCY DEPART-
MENT  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, regis-
tered nurse or licensed practical nurse or sanitation 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, traf-
fic  enforcement officer, traffic enforcement agent, registered nurse or
licensed practical nurse or sanitation enforcement agent  is  performing
an  assigned  duty  OR  TECHNICIAN  OR MEDICAL OR RELATED PERSONNEL IN A
HOSPITAL EMERGENCY DEPARTMENT  WHILE  SUCH  EMPLOYEE  IS  PERFORMING  AN
ASSIGNED DUTY IN, OR DIRECTLY RELATED TO SUCH HOSPITAL EMERGENCY DEPART-
MENT.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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