S T A T E O F N E W Y O R K
________________________________________________________________________
8644--A
I N A S S E M B L Y
January 29, 2014
___________
Introduced by M. of A. ZEBROWSKI, JAFFEE, SKOUFIS -- read once and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the penal law, in relation to establishing the crimes of
reckless endangerment of a peace officer, police officer, firefighter
or emergency medical services professional in the first and second
degrees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 120.26 to
read as follows:
S 120.26 RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER, FIRE-
FIGHTER OR EMERGENCY MEDICAL SERVICES PROFESSIONAL IN THE
SECOND DEGREE.
A PERSON IS GUILTY OF RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE
OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL SERVICES PROFESSIONAL IN THE
SECOND DEGREE WHEN, KNOWING THAT A BUILDING PERMIT IS REQUIRED AND WITH-
OUT OBTAINING SUCH PERMIT, HE OR SHE ALTERS, CONVERTS, ENCLOSES, SUBDI-
VIDES OR PARTITIONS ANY BUILDING OR STRUCTURE IN VIOLATION OF THE NEW
YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE OR ANY OTHER
PROVISION OF GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE, ADMINISTRATIVE
CODE, RULE OR REGULATION ADDRESSING STANDARDS FOR BUILDING CONSTRUCTION
AND FIRE PREVENTION AND DURING SUCH FIRE OR OTHER EMERGENCY EVACUATION
SUCH CONDUCT CREATES A SUBSTANTIAL RISK OF SERIOUS PHYSICAL INJURY TO A
PEACE OFFICER, POLICE OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL SERVICES
PROFESSIONAL.
RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER
OR EMERGENCY MEDICAL SERVICES PROFESSIONAL IN THE SECOND DEGREE IS A
CLASS E FELONY.
S 2. The penal law is amended by adding a new section 120.27 to read
as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11890-03-4
A. 8644--A 2
S 120.27 RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER, FIRE-
FIGHTER OR EMERGENCY MEDICAL SERVICES PROFESSIONAL IN THE
FIRST DEGREE.
A PERSON IS GUILTY OF RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE
OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL SERVICES PROFESSIONAL IN THE
FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF RECKLESS ENDANGERMENT
OF A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL
SERVICES PROFESSIONAL IN THE SECOND DEGREE AND:
1. DURING SUCH FIRE OR OTHER EMERGENCY EVACUATION SUCH CONDUCT CREATES
A GRAVE RISK OF DEATH TO A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER OR
EMERGENCY MEDICAL SERVICES PROFESSIONAL; OR
2. HAS PREVIOUSLY BEEN CONVICTED WITHIN THE LAST TEN YEARS OF RECKLESS
ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER OR EMERGEN-
CY MEDICAL SERVICES PROFESSIONAL IN THE FIRST OR SECOND DEGREE.
RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER
OR EMERGENCY MEDICAL SERVICES PROFESSIONAL IN THE FIRST DEGREE IS A
CLASS D FELONY.
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.