S T A T E O F N E W Y O R K
________________________________________________________________________
5747
2013-2014 Regular Sessions
I N A S S E M B L Y
March 6, 2013
___________
Introduced by M. of A. McKEVITT, GRAF -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to assault on code enforce-
ment personnel
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 377 of the laws of 2012, 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, New
York city sanitation worker, 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 techni-
cian, or medical or related personnel in a hospital emergency depart-
ment, a city marshal, a traffic enforcement officer [or], traffic
enforcement agent, OR ANY CODE ENFORCEMENT PERSONNEL AS SUCH TERM IS
DEFINED PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE SECRETARY
OF STATE PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE
OF THE EXECUTIVE LAW, 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, New York city sanitation worker,
firefighter, paramedic, technician, city marshal, traffic enforcement
officer [or], traffic enforcement agent OR ANY CODE ENFORCEMENT PERSON-
NEL, he or she causes physical injury to such peace officer, police
officer, registered nurse, licensed practical nurse, sanitation enforce-
ment agent, New York city sanitation worker, firefighter, paramedic,
technician or medical or related personnel in a hospital emergency
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09543-01-3
A. 5747 2
department, city marshal, traffic enforcement officer or traffic
enforcement agent; 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, sanitation enforcement agent, New York city sanita-
tion worker, registered nurse or licensed practical nurse he or she
causes physical injury to such train operator, ticket inspector, conduc-
tor, signalperson, bus operator or station agent, city marshal, traffic
enforcement officer, traffic enforcement agent, registered nurse [or],
licensed practical nurse, sanitation enforcement agent [or], New York
city sanitation worker OR ANY CODE ENFORCEMENT PERSONNEL AS SUCH TERM IS
DEFINED PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE SECRETARY
OF STATE PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE
OF THE EXECUTIVE LAW, 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, sanitation enforcement
agent [or], New York city sanitation worker OR CODE ENFORCEMENT PERSON-
NEL, is performing an assigned duty.
S 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.