senate Bill S4216

2013-2014 Legislative Session

Relates to the assault of certain public agents during the performance of their duties

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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
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 18, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1439
committee discharged and committed to rules
Mar 14, 2013 referred to codes

Votes

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S4216 - Bill Details

See Assembly Version of this Bill:
A6079
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§120.05 & 70.02, add §120.75, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A6079

S4216 - Bill Texts

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Relates to the assault of certain public agents during the performance of their duties; establishes the crime of reckless assault upon an emergency medical service paramedic or emergency medical service technician.

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BILL NUMBER:S4216

TITLE OF BILL: An act to amend the penal law, in relation to the
assault of certain public agents during the performance of their
duties

SUMMARY OF SPECIFIC PROVISIONS: This bill would amend three
provisions of the Penal Law.

Section 1 of the bill amends subdivision three of section 120.05 to
reform the intent required to establish second degree assault upon
certain public officers, including EMTs and paramedics. Currently, to
establish guilt a prosecutor must prove that an attacker intends to
interfere with the performance of the duties of these public officers.
The proposed change would make this subdivision consistent with other
second degree assault provisions of the Penal Law by requiring simply
that the attacker intends to cause physical injury upon such public
officer with knowledge that the public officer is engaged in the line
of duty. This bill would also broaden the scope of the physical
assaults that could be prosecuted under this subdivision to include
assaults such as punching and hitting.

Section 2 of the bill creates a new section of the Penal law, section
120.75, to create the crime of "reckless assault" upon an emergency
medical service paramedic or emergency medical service technician, an
E felony. This section also broadens the scope of the physical
assaults that could be prosecuted to include assaults such as punching
and hitting.

Section 3 of the bill amends paragraph d of subdivision 1 of Section
70.02 of the penal law to include reckless assault upon an emergency
medical service paramedic or emergency medical service technician as
an E felony.

Section 4 of the bill makes the new provisions of the bill effective
upon passage.

JUSTIFICATION: The existing second degree assault provisions of the
Penal law that pertain to assaults upon public officers, including
EMTs and paramedics, are inadequate in that they contain problematic
provisions requiring the prosecution to establish an assailant's
intent to interfere with the performance of official duties, rather
than mere intent to injure, as is typically required in second degree
assault. In addition, the most common assaults, such as punching,
hitting, and other assaults, frequently go unprosecuted because the
injuries, while painful, do not qualify as "physical injury" under
existing case law because they do not result in "impairment of
physical condition or substantial pain." To adequately remedy these
offenses and effectively deter such assaults, the intent requirement
of the current law needs reform, as does the degree of the physical
injury sustained.

Section 2 is to be named "Soler's Law" in honor of Teresa Soler, an
EMT who was brutally assaulted by an individual who claimed he was so
intoxicated that he did not "intend" to assault Ms. Soler. Many EMTs
and paramedics are assaulted while treating intoxicated or severely


drug impaired persons, and existing law does not adequately address
these serious crimes. Presently, there is no provision in the law
specifically addressing reckless assaults upon an EMT or paramedic,
despite the fact that assaults by severely intoxicated or drug
impaired persons are extremely common. EMTs and Paramedics are
required to treat patients under extremely dangerous and stressful
situations, and deserve the fullest protections of the law for
reckless assaults they endure in the line of duty.

PRIOR LEGISLATIVE HISTORY:New for 2013

EFFECTIVE DATE: Immediately

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

                                  4216

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 14, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  the  assault  of  certain
  public agents during the performance of their duties

  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  377  of  the  laws  of 2012, is amended to read as
follows:
  3. With intent to [prevent] CAUSE PHYSICAL INJURY AND  WITH  KNOWLEDGE
THAT a peace officer, a police officer, registered nurse, licensed prac-
tical  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 technician, or medical or related
personnel  in a hospital emergency department, a city marshal, a traffic
enforcement officer or traffic enforcement agent, [from] IS performing a
lawful OR ASSIGNED duty, OR WITH INTENT TO PREVENT  THE  PERFORMANCE  OF
SUCH  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, 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, regis-
tered 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, IRRE-
SPECTIVE  OF  WHETHER  SUCH  ASSAULT  RESULTS  IN IMPAIRMENT OF PHYSICAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09793-01-3

S. 4216                             2

CONDITION OR  SUBSTANTIAL  PAIN  AND  NOTWITHSTANDING  ANYTHING  TO  THE
CONTRARY IN SUBDIVISION NINE OF SECTION 10.00 OF THIS CHAPTER; or
  S  2.  The penal law is amended by adding a new section 120.75 to read
as follows:
S 120.75 RECKLESS ASSAULT UPON AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR
           EMERGENCY MEDICAL SERVICE TECHNICIAN.
  A PERSON IS GUILTY OF  RECKLESS  ASSAULT  UPON  AN  EMERGENCY  MEDICAL
SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHEN HE OR SHE
RECKLESSLY  CAUSES  PHYSICAL  INJURY  TO  AN  EMERGENCY  MEDICAL SERVICE
PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHILE  SUCH  EMERGENCY
MEDICAL  SERVICE  PARAMEDIC  OR  EMERGENCY MEDICAL SERVICE TECHNICIAN IS
PERFORMING A LAWFUL OR  ASSIGNED  DUTY,  IRRESPECTIVE  OF  WHETHER  SUCH
ASSAULT  RESULTS IN IMPAIRMENT OF PHYSICAL CONDITION OR SUBSTANTIAL PAIN
AND NOTWITHSTANDING ANYTHING TO THE  CONTRARY  IN  SUBDIVISION  NINE  OF
SECTION 10.00 OF THIS CHAPTER.
  RECKLESS  ASSAULT UPON AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMER-
GENCY MEDICAL SERVICE TECHNICIAN IS A CLASS E FELONY.
  S 3. Paragraph (d) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
follows:
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 [and], placing a false  bomb  or  hazardous
substance  in  the second degree as defined in section 240.61, AND RECK-
LESS ASSAULT UPON AN EMERGENCY MEDICAL SERVICE  PARAMEDIC  OR  EMERGENCY
MEDICAL SERVICE TECHNICIAN AS DEFINED IN SECTION 120.75.
  S 4. This act shall take effect immediately.

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