S T A T E O F N E W Y O R K
________________________________________________________________________
4421
2015-2016 Regular Sessions
I N A S S E M B L Y
January 30, 2015
___________
Introduced by M. of A. McKEVITT, GRAF -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to assault on code enforce-
ment personnel
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 196 of the laws of 2014, 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 school crossing guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, a traffic enforcement officer [or], traffic enforcement agent,
OR ANY CODE ENFORCEMENT PERSONNEL AS SUCH TERM IS DEFINED PURSUANT TO
RULES AND REGULATIONS PROMULGATED BY THE SECRETARY OF STATE PURSUANT TO
SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE
LAW, 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, prosecutor 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, firefighter, paramedic, technician, city marshal, school cross-
ing guard appointed pursuant to section two hundred eight-a of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08353-01-5
A. 4421 2
general municipal law, traffic enforcement officer [or], traffic
enforcement agent OR ANY CODE ENFORCEMENT PERSONNEL, he or she causes
physical injury to such peace officer, police officer, 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, New York city sanitation worker, firefighter,
paramedic, technician or medical or related personnel in a hospital
emergency department, city marshal, school crossing guard, traffic
enforcement officer or traffic enforcement agent; 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 school crossing guard appointed pursuant
to section two hundred eight-a of the general municipal law, 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, regis-
tered 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, school crossing guard appointed
pursuant to section two hundred eight-a of the general municipal law,
traffic 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 CODE
ENFORCEMENT PERSONNEL AS SUCH TERM IS DEFINED PURSUANT TO RULES AND
REGULATIONS PROMULGATED BY THE SECRETARY OF STATE PURSUANT TO SUBDIVI-
SION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW, while
such employee is performing an assigned duty on, or directly related to,
the operation of a train or bus, or such city marshal, school crossing
guard, traffic enforcement officer, traffic enforcement agent, 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 or New York city sanitation worker OR CODE ENFORCEMENT
PERSONNEL, is performing an assigned duty.
S 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.