S T A T E O F N E W Y O R K
________________________________________________________________________
3997
2013-2014 Regular Sessions
I N S E N A T E
March 4, 2013
___________
Introduced by Sen. LAVALLE -- 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 assaults on department of
sanitation workers and nursing professionals
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] A NURSING PROFESSIONAL INCLUDING NURSE PRACTITIONER, CERTIFIED OR
LICENSED nurse PRACTITIONERS, CERTIFIED NURSING ASSISTANTS AND, licensed
practical [nurse] NURSES, 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 technician, or medical or
related personnel in a hospital emergency department, a city marshal, a
traffic enforcement officer or traffic enforcement agent, from perform-
ing 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] NURSING PROFESSIONAL, sani-
tation enforcement agent, [New York city] sanitation worker, firefight-
er, 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] NURSING PROFESSIONAL, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07782-03-3
S. 3997 2
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] A NURSING PROFESSIONAL INCLUDING nurse PRACTI-
TIONERS, CERTIFIED or licensed practical [nurse] NURSES, he or she caus-
es physical injury to such train operator, ticket inspector, conductor,
signalperson, bus operator or station agent, city marshal, traffic
enforcement officer, traffic enforcement agent, [registered nurse or
licensed practical nurse] NURSING PROFESSIONAL, 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, traf-
fic enforcement agent, [registered nurse or licensed practical nurse]
NURSING PROFESSIONAL, sanitation enforcement agent or [New York city]
sanitation worker, is performing an assigned duty.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.