S T A T E O F N E W Y O R K
________________________________________________________________________
842
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
___________
Introduced by M. of A. PRETLOW, MAYER -- read once and referred 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 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] A NURSING PROFESSIONAL INCLUDING NURSE PRAC-
TITIONER, CERTIFIED OR LICENSED nurse PRACTITIONERS, CERTIFIED NURSING
ASSISTANTS AND, licensed practical [nurse] NURSES, sanitation enforce-
ment 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 emer-
gency department, a city marshal, a school crossing guard appointed
pursuant to section two hundred eight-a of the general municipal law, 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,
prosecutor as defined in subdivision thirty-one of section 1.20 of the
criminal procedure law, [registered nurse, licensed practical nurse]
NURSING PROFESSIONAL, sanitation enforcement agent, [New York city]
sanitation worker, firefighter, paramedic, technician, city marshal,
school crossing guard appointed pursuant to section two hundred eight-a
of the general municipal law, traffic enforcement officer or traffic
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05478-01-5
A. 842 2
enforcement agent, he or she causes physical injury to 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] 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, 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] A NURSING PROFESSIONAL INCLUDING nurse PRACTITIONERS, CERTIFIED
or licensed practical [nurse] NURSES, 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] NURSING PROFES-
SIONAL, sanitation enforcement agent or [New York city] sanitation work-
er, 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, prosecutor as defined in subdivision thirty-one of section 1.20
of the criminal procedure law, [registered nurse, 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.