S T A T E O F N E W Y O R K
________________________________________________________________________
1498--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. GUNTHER, JACOBS, LAVINE, MONTESANO, ORTIZ,
TITONE, CRESPO, HOOPER, WALTER -- Multi-Sponsored by -- M. of A.
ARROYO, BOYLAND, CORWIN, DUPREY, FINCH, HAWLEY, RIVERA, SALADINO --
read once and referred to the Committee on Codes -- recommitted to the
Committee on Codes in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 amended by chapter 259 of the laws of 2013, are amended to read as
follows:
3. With intent to prevent a peace officer, a police officer, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed practical nurse, sanitation
enforcement agent, New York city sanitation worker, a firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician 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 hospi-
tal 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 circumstances
evincing the actor's intent that the animal obstruct the lawful activity
of such peace officer, police officer, prosecutor as defined in subdivi-
sion thirty-one of section 1.20 of the criminal procedure law, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York city sanitation worker, firefighter, paramedic, technician, city
marshal, traffic enforcement officer or traffic enforcement agent, he or
she causes physical injury to such peace officer, police officer, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02264-03-4
A. 1498--A 2
nal procedure law, registered nurse, licensed practical nurse, sanita-
tion enforcement agent, New York city sanitation worker, firefighter,
paramedic, technician or medical or related personnel in a hospital
emergency department, city marshal, traffic enforcement officer or traf-
fic enforcement agent, OR TO ANY DIRECT-CARE STAFF WHO IS NOT A NURSE
PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHOSE PRINCIPAL RESPONSI-
BILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE PATIENTS OR
PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE IN ANY HOSPI-
TAL, NURSING 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 FACILITY 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 CORPO-
RATION; 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, prosecutor as defined in subdivision thirty-one of
section 1.20 of the criminal procedure law, sanitation enforcement
agent, New York city sanitation worker, 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, prosecutor as defined in subdivision thirty-one of section 1.20
of the criminal procedure law, registered nurse, licensed practical
nurse, sanitation enforcement agent or New York city sanitation worker,
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, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure law, registered nurse, licensed practical nurse, sanitation
enforcement agent or New York city sanitation worker, 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, NURSING 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 FACILITY 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 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; provided, however,
that if chapter 259 of the laws of 2013 shall not have taken effect on
or before such date, this act shall take effect on the same date as
chapter 259 of the laws of 2013, takes effect.