S T A T E   O F   N E W   Y O R K
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                                  3621

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 assault of certain persons
  providing direct patient care

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

  Section  1.  Section  120.05 of the penal law is amended by adding two
new subdivisions 3-c and 11-c to read as follows:
  3-C. WITH INTENT TO PREVENT AN    EMPLOYEE  PROVIDING  DIRECT  PATIENT
CARE,  WHO  IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW,
WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT
CARE FOR ONE OR MORE PATIENTS IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL
HEALTH CARE FACILITY, GENERAL HOSPITAL, GOVERNMENT AGENCY INCLUDING  ANY
CHRONIC  DISEASE  HOSPITAL,  MATERNITY  HOSPITAL, OUTPATIENT DEPARTMENT,
EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE  TWENTY-EIGHT  OF  THE
PUBLIC  HEALTH LAW AND ANY FACILITY THAT PROVIDES DIRECT PATIENT CARE OR
HEALTH CARE  SERVICES  PURSUANT  TO  THE  MENTAL  HYGIENE  LAW,  OR  THE
CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
RATION,  FROM PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES PHYSICAL INJURY
TO SUCH EMPLOYEE PROVIDING DIRECT PATIENT CARE.
  11-C.  WITH INTENT TO CAUSE PHYSICAL INJURY TO AN  EMPLOYEE  PROVIDING
DIRECT  PATIENT  CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE
EDUCATION LAW, WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT
DIRECT PATIENT CARE FOR ONE OR MORE PATIENTS IN  ANY  HOSPITAL,  NURSING
HOME,  RESIDENTIAL  HEALTH  CARE  FACILITY, GENERAL HOSPITAL, GOVERNMENT
AGENCY INCLUDING  ANY  CHRONIC  DISEASE  HOSPITAL,  MATERNITY  HOSPITAL,
OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE
TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH LAW AND ANY FACILITY THAT PROVIDES
DIRECT PATIENT CARE OR HEALTH  CARE  SERVICES  PURSUANT  TO  THE  MENTAL
HYGIENE  LAW,  OR THE CORRECTION LAW IF SUCH FACILITY IS OPERATED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01613-01-5
              

S. 3621                             2

STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A PUBLIC  AUTHORITY  OR
PUBLIC  BENEFIT  CORPORATION,  HE  OR SHE CAUSES PHYSICAL INJURY TO SUCH
EMPLOYEE PROVIDING DIRECT PATIENT CARE WHILE SUCH EMPLOYEE IS PERFORMING
A LAWFUL DUTY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.