senate Bill S1089A

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

Votes

view votes

May 29, 2014 - Codes committee Vote

S1089A
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Bill Amendments

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

S1089 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S4937

S1089 - 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.

S1089 - Sponsor Memo

S1089 - Bill Text download pdf

                    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.

Co-Sponsors

view additional co-sponsors

S1089A - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S4937

S1089A - 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.

S1089A - Sponsor Memo

S1089A - Bill 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.

Co-Sponsors

view additional co-sponsors

S1089B (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S4937

S1089B (ACTIVE) - 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.

S1089B (ACTIVE) - Sponsor Memo

S1089B (ACTIVE) - Bill 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

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