senate Bill S1089B

2013-2014 Legislative Session

Relates to assault of certain persons providing direct patient care

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 11, 2014 amended on third reading 1089b
Jun 03, 2014 advanced to third reading
Jun 02, 2014 2nd report cal.
May 29, 2014 1st report cal.1043
Jan 17, 2014 print number 1089a
amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1089 - Bill Details

See Assembly Version of this Bill:
A1498B
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S4937, A7577

S1089 - Bill Texts

view summary

Relates to assault of certain persons providing direct patient care in a health care setting; provides that such assault shall be a class D felony.

view sponsor memo
BILL NUMBER:S1089

TITLE OF BILL:
An act
to amend the penal law, in relation to assault of certain persons
providing direct patient care

PURPOSE OF GENERAL IDEA OF BILL:
To classify assault on a person
providing direct patient care as an assault in the second degree
under section 120.05 of the Penal law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Subdivisions 3 and 11
of section 120.05 of the penal law to include assaults on
persons providing direct patient care. A person providing direct
patient care is defined as 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 in a variety of health care settings.

JUSTIFICATION:
Current law provides the protections afforded in this
bill to a variety of professions, ranging from registered nurses to
firefighters, emergency medical technicians and even sanitation
enforcement agents. This bill seeks to apply the same standards to
direct care staff in a health care setting. This proposal is
consistent with the current inclusion of nurses, and will lead to
greater protections for health care workers that have to deal with
difficult conditions and patient related issues day in and day out.

PRIOR LEGISLATIVE HISTORY:
S4937/A7577 of 2011-12; Referred to Codes

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 law.

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

                                  1089

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 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 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  enforce-
ment  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  offi-
cer, police officer, registered nurse, licensed practical nurse, sanita-
tion  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,  registered  nurse,  licensed  practical
nurse,  sanitation  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  traffic  enforcement agent, OR TO ANY DIRECT-CARE STAFF WHO IS NOT A
NURSE PURSUANT TO TITLE EIGHT  OF  THE  EDUCATION  LAW  WHOSE  PRINCIPAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02264-01-3

S. 1089                             2

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  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,  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, 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 ANY DIRECT-CARE  STAFF  WHO
IS  NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHOSE PRIN-
CIPAL 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  CORPO-
RATION, WHO, 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.

Co-Sponsors

view additional co-sponsors

S1089A - Bill Details

See Assembly Version of this Bill:
A1498B
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S4937, A7577

S1089A - Bill Texts

view summary

Relates to assault of certain persons providing direct patient care in a health care setting; provides that such assault shall be a class D felony.

view sponsor memo
BILL NUMBER:S1089A

TITLE OF BILL: An act to amend the penal law, in relation to assault
of certain persons providing direct patient care

PURPOSE OF GENERAL IDEA OF BILL: To classify assault on a person
providing direct patient care as an assault in the second degree under
section 120.05 of the Penal law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Subdivisions 3 and 11 of section 120.05 of the penal
law to include assaults on persons providing direct patient care. A
person providing direct patient care is defined as 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 in a variety of health care settings.

JUSTIFICATION: Current law provides the protections afforded in this
bill to a variety of professions, ranging from registered nurses to
firefighters, emergency medical technicians and even sanitation
enforcement agents. This bill seeks to apply the same standards to
direct care staff in a health care setting. This proposal is
consistent with the current inclusion of nurses, and will lead to
greater protections for health care workers that have to deal with
difficult conditions and patient related issues day in and day out.

PRIOR LEGISLATIVE HISTORY: S4937/A7577 of 2011-12; Referred to Codes

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 law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1089--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02264-02-4

S. 1089--A                          2

cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
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.

Co-Sponsors

view additional co-sponsors

S1089B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1498B
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S4937, A7577

S1089B (ACTIVE) - Bill Texts

view summary

Relates to assault of certain persons providing direct patient care in a health care setting; provides that such assault shall be a class D felony.

view sponsor memo
BILL NUMBER:S1089B

TITLE OF BILL: An act to amend the penal law, in relation to assault
of certain persons providing direct patient care

PURPOSE OF GENERAL IDEA OF BILL:

To classify assault on a person providing direct patient care as an
assault in the second degree under section 120.05 of the Penal law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Creates subdivisions 3-b and 11-b of section 120.05 of the
penal law to include assaults on persons providing direct patient
care. A person providing direct patient care is defined as 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 in a variety of health care
settings.

JUSTIFICATION:

Current law provides the protections afforded in this bill to a
variety of professions, ranging from registered nurses to
firefighters, emergency medical technicians and even sanitation
enforcement agents. This bill seeks to apply the same standards to
direct care staff in a health care setting. This proposal is
consistent with the current inclusion of nurses, and will lead to
greater protections for health care workers that have to deal with
difficult conditions and patient related issues day in and day out.

PRIOR LEGISLATIVE HISTORY:

S4937/A7577 of 2011-12; Referred to Codes

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 law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1089--B
    Cal. No. 1043

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MAZIARZ, ADDABBO, AVELLA, GIPSON, GRISANTI, HANNON,
  ROBACH, VALESKY -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes -- recommitted to the Committee
  on Codes in accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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. Section 120.05 of the penal law is amended  by  adding  two
new subdivisions 3-b and 11-b to read as follows:
  3-B.  WITH  INTENT  TO  PREVENT AN   EMPLOYEE PROVIDING DIRECT PATIENT
CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE  EDUCATION  LAW,
WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT
CARE FOR ONE OR MORE PATIENTS 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 ANY FACILITY THAT PROVIDES DIRECT PATIENT CARE  OR
HEALTH  CARE  SERVICES  PURSUANT  TO  THE  MENTAL  HYGIENE  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, FROM PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES PHYSICAL  INJURY
TO SUCH EMPLOYEE PROVIDING DIRECT PATIENT CARE.
  11-B.    WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE PROVIDING
DIRECT PATIENT CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT  OF  THE
EDUCATION LAW, WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02264-11-4

S. 1089--B                          2

DIRECT  PATIENT  CARE  FOR ONE OR MORE PATIENTS 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 ANY FACILITY THAT PROVIDES
DIRECT PATIENT CARE OR HEALTH  CARE  SERVICES  PURSUANT  TO  THE  MENTAL
HYGIENE  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,  HE  OR SHE CAUSES PHYSICAL INJURY TO SUCH
EMPLOYEE PROVIDING DIRECT PATIENT CARE WHILE SUCH EMPLOYEE IS PERFORMING
A LAWFUL 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.

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