senate Bill S6853A

2013-2014 Legislative Session

Relates to the assault of certain public agents while they are performing their duties

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Archive: Last Bill Status - Passed Senate


  • 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 18, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1490
committee discharged and committed to rules
Jun 11, 2014 print number 6853a
amend and recommit to codes
Mar 20, 2014 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S6853 - Bill Details

See Assembly Version of this Bill:
A9147A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §120.08-a, amd §70.02, Pen L

S6853 - Bill Texts

view summary

Relates to the assault of certain public agents while they are performing their duties.

view sponsor memo
BILL NUMBER:S6853

TITLE OF BILL: An act to amend the penal law, in relation to the
assault of certain public agents while they are performing their duties

PURPOSE:

Relates to the assault of certain public agents while they are perform
their duties.

SUMMARY OF PROVISIONS:

This bill would amend two provisions of the penal law.

Section of the bill adds a new section 120.08-A to the penal law to
establish a new offense for criminally impeding an emergency medical
service paramedic or emergency medical service technician in the
performance of his/her duties while rendering patient care. The new
section 120.08-A would broaden the scope of physical attacks upon emer-
gency medical service personnel that could be prosecuted to include
punching, choking, beating and striking such personnel while rendering
patient care.

Section 2 of the bill amends paragraph c of subdivision 1 of Section
70.02 of the penal law to include criminally impeding an emergency
medical service paramedic or emergency medical service technician in the
performance of his/her duties while rendering patient care as a D felo-
ny.

Section 3 of the bill makes the new provisions of the bill effective
upon passage.

JUSTIFICATION:

Many EMTs and paramedics are assaulted while treating intoxicated or
severely drug impaired persons, and existing law does not adequately
address there serious crimes. Presently, there is no provision in the
law specifically addressing such attacks upon EMTs and paramedics,
despite the fact that such attacks by severely intoxicated or drug
impaired persons are extremely common. EMTs and paramedics are required
to treat patients under extremely dangerous and stressful situation, and
deserve the fullest protections of the law for assaults they endure in
the line of duty.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

90 days after it shall have become law.

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

                                  6853

                            I N  S E N A T E

                             March 20, 2014
                               ___________

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 while they are performing their duties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new  section  120.08-a
to read as follows:
S 120.08-A CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR
             EMERGENCY  MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF
             HIS OR HER DUTIES WHILE RENDERING PATIENT CARE.
  A PERSON IS GUILTY OF CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE
PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE  OF
HIS  OR  HER DUTIES WHILE RENDERING PATIENT CARE WHEN HE OR SHE STRIKES,
BITES, KICKS, PUNCHES, CHOKES,  BEATS,  OR  HITS  AN  EMERGENCY  MEDICAL
SERVICE  PARAMEDIC  OR  EMERGENCY  MEDICAL SERVICE TECHNICIAN WHILE SUCH
EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNI-
CIAN IS PERFORMING A LAWFUL OR ASSIGNED DUTY AND RENDERING PATIENT CARE.
  CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGEN-
CY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF HIS  OR  HER  DUTIES
WHILE RENDERING PATIENT CARE IS A CLASS D FELONY.
  S 2. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
follows:
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section   120.05,  CRIMINALLY  IMPEDING  AN  EMERGENCY  MEDICAL  SERVICE
PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE  OF
HIS  OR  HER  DUTIES  WHILE RENDERING PATIENT CARE AS DEFINED IN SECTION
120.08-A, menacing a police officer  or  peace  officer  as  defined  in
section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the second degree as defined in section 130.30,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14445-01-4

S. 6853                             2

criminal sexual act in the second degree as defined in  section  130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual  conduct  against  a  child  in  the  second degree as defined in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six,  seven,  eight,
nine  or  ten of section 265.02, criminal sale of a firearm in the third
degree as defined in section 265.11, intimidating a victim or witness in
the second degree as defined in section 215.16, soliciting or  providing
support  for  an  act  of  terrorism  in the second degree as defined in
section 490.10, and making a terroristic threat as  defined  in  section
490.20,  falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb  or  hazardous
substance  in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined  in  section  240.63,  and  aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

S6853A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9147A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §120.08-a, amd §70.02, Pen L

S6853A (ACTIVE) - Bill Texts

view summary

Relates to the assault of certain public agents while they are performing their duties.

view sponsor memo
BILL NUMBER:S6853A

TITLE OF BILL: An act to amend the penal law, in relation to the
assault of certain public agents while they are performing their
duties

PURPOSE:

Relates to the assault of certain public agents while they are perform
their duties.

SUMMARY OF PROVISIONS:

This bill would amend two provisions of the penal law.

Section of the bill adds a new section 120.08-A to the penal law to
establish a new offense of intentionally criminally impeding an
emergency medical service paramedic or emergency medical service
technician in the performance of his/her duties while rendering
patient care. The new section 120.08-A would broaden the scope of
physical attacks upon emergency medical service personnel that could
be prosecuted to include the punching, choking, beating and striking
such personnel while rendering patient care.

Section 2 of the bill amends paragraph c of subdivision 1 of Section
70.02 of the penal law to include criminally impeding an emergency
medical service paramedic or emergency medical service technician in
the performance of his/her duties while rendering patient care as a D
felony.

Section 3 of the bill makes the new provisions of the bill effective
upon passage.

JUSTIFICATION:

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 such attacks upon EMTs and paramedics,
despite the fact that such attacks by severely intoxicated or drug
impaired persons are extremely common. EMTs and paramedics are
required to treat patients under extremely dangerous and stressful
situation, and deserve the fullest protections of the law for assaults
they endure in the line of duty.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after it shall have become law.


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

                                 6853--A

                            I N  S E N A T E

                             March 20, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the penal law, in relation to the assault of certain
  public agents while they are performing their duties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The penal law is amended by adding a new section 120.08-a
to read as follows:
S 120.08-A CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR
             EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE  OF
             HIS OR HER DUTIES WHILE RENDERING PATIENT CARE.
  A PERSON IS GUILTY OF CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE
PARAMEDIC  OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF
HIS OR HER DUTIES WHILE RENDERING  PATIENT  CARE  WHEN  WITH  INTENT  TO
IMPEDE  AN  EMERGENCY  MEDICAL  SERVICE  PARAMEDIC  OR EMERGENCY MEDICAL
SERVICE TECHNICIAN FROM PERFORMING HIS OR HER DUTIES, HE OR SHE STRIKES,
BITES, KICKS, PUNCHES, CHOKES,  BEATS,  OR  HITS  AN  EMERGENCY  MEDICAL
SERVICE  PARAMEDIC  OR  EMERGENCY  MEDICAL SERVICE TECHNICIAN WHILE SUCH
EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNI-
CIAN IS PERFORMING A LAWFUL OR ASSIGNED DUTY AND RENDERING PATIENT CARE.
  CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGEN-
CY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF HIS  OR  HER  DUTIES
WHILE RENDERING PATIENT CARE IS A CLASS D FELONY.
  S 2. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
follows:
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section   120.05,  CRIMINALLY  IMPEDING  AN  EMERGENCY  MEDICAL  SERVICE
PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE  OF
HIS  OR  HER  DUTIES  WHILE RENDERING PATIENT CARE AS DEFINED IN SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14445-02-4

S. 6853--A                          2

120.08-A, menacing a police officer  or  peace  officer  as  defined  in
section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in  section  130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual  conduct  against  a  child  in  the  second degree as defined in
section 130.80, aggravated sexual abuse in the third degree  as  defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance as defined in section 130.90, criminal possession of a  weapon
in  the  third degree as defined in subdivision five, six, seven, eight,
nine or ten of section 265.02, criminal sale of a firearm in  the  third
degree as defined in section 265.11, intimidating a victim or witness in
the  second degree as defined in section 215.16, soliciting or providing
support for an act of terrorism in  the  second  degree  as  defined  in
section  490.10,  and  making a terroristic threat as defined in section
490.20, falsely reporting an incident in the first degree as defined  in
section 240.60, placing a false bomb or hazardous substance in the first
degree  as  defined in section 240.62, placing a false bomb or hazardous
substance in a sports stadium or arena, mass transportation facility  or
enclosed  shopping  mall  as  defined  in section 240.63, and aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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