S T A T E O F N E W Y O R K
________________________________________________________________________
9011
I N A S S E M B L Y
March 6, 2014
___________
Introduced by M. of A. MOYA, HEASTIE -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to elevating an assault of a
utility worker in the second degree to a class D felony
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
amended by chapter 259 of the laws of 2013, is 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 OR EMPLOYEE OF ANY ENTITY GOVERNED BY
THE PUBLIC SERVICE LAW IN THE COURSE OF PERFORMING AN ESSENTIAL SERVICE,
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 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, firefighter, paramedic, technician, city marshal, traffic
enforcement officer or traffic enforcement agent, he or she causes phys-
ical injury to such peace officer, police officer, prosecutor 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, firefighter, paramedic, techni-
cian or medical or related personnel in a hospital emergency department,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11655-02-4
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