S T A T E O F N E W Y O R K
________________________________________________________________________
3065
2017-2018 Regular Sessions
I N A S S E M B L Y
January 26, 2017
___________
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,
subdivision 3 as amended by chapter 267 of the laws of 2016, and subdi-
vision 11 as separately amended by chapters 268 and 281 of the laws of
2016, 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, 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 [or], employee of
any entity governed by the public service law in the course of perform-
ing an essential service, OR ANY CODE ENFORCEMENT PERSONNEL AS SUCH TERM
IS DEFINED PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE SECRE-
TARY 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 officer, police officer, prosecutor as defined in subdivi-
sion thirty-one of section 1.20 of the criminal procedure law, regis-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04650-01-7
A. 3065 2
tered nurse, licensed practical nurse, public health sanitarian, New
York city public health sanitarian, 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, traf-
fic enforcement agent [or], employee of an entity governed by the public
service law 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 procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, 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, traffic
enforcement agent [or], employee of an entity governed by the public
service law OR ANY CODE ENFORCEMENT PERSONNEL; or
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner or terminal cleaner 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 enforce-
ment 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, public health sanitarian, New York city
public health sanitarian, registered nurse, licensed practical nurse,
emergency medical service paramedic, or emergency medical service tech-
nician, he or she causes physical injury to such train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner or terminal cleaner, city marshal, school crossing guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, traffic enforcement officer, traffic enforcement agent, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal procedure law, registered nurse, licensed practical nurse, public
health sanitarian, New York city public health sanitarian, sanitation
enforcement agent, New York city sanitation worker, emergency medical
service paramedic, [or] emergency medical service technician 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, including the cleaning of a train or
bus station or terminal, 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 proce-
dure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, emergency medical service
paramedic, [or] emergency medical service technician OR CODE ENFORCEMENT
PERSONNEL is performing an assigned duty; or
§ 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.