Assembly Bill A10646

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10646
 
                           I N  A S S E M B L Y
 
                               May 10, 2018
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to elevating an assault of  a
   code  enforcement  official  to  the  class D felony of assault in the
   second degree
 
   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 267 of the laws  of  2016,  is  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, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering first aid in the course of performance of duty  as  such  fire-
 fighter,  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, traffic enforcement agent, CODE ENFORCEMENT
 OFFICIAL,  or  employee of any entity governed by the public service law
 in the course of performing an  essential  service,  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 officer, police officer,
 prosecutor as defined in subdivision thirty-one of section 1.20  of  the
 criminal  procedure  law,  registered  nurse,  licensed practical nurse,
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  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, traffic enforcement agent, CODE ENFORCEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15567-01-8

 A. 10646                            2
 
 OFFICIAL, or employee of an entity governed by the public  service  law,
 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  procedure  law,  registered  nurse,  licensed practical nurse,
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  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, traffic enforcement agent, CODE  ENFORCEMENT  OFFI-
 CIAL, or employee of an entity governed by the public service law; or
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.