Assembly Bill A9751

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9751
 
                           I N  A S S E M B L Y
 
                             February 5, 2018
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to assault on a  peace  offi-
   cer,  police  officer, firefighter, emergency medical services profes-
   sional, sanitation enforcement agent or New York city sanitation work-
   er
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120.08 of the penal law, as added by chapter 632 of
 the laws of 1996, is amended to read as follows:
 § 120.08 Assault  on a peace officer, police officer, [fireman or] FIRE-
            FIGHTER,  emergency medical services professional, SANITATION
            ENFORCEMENT AGENT OR NEW YORK CITY SANITATION WORKER  IN  THE
            FIRST DEGREE.
   A  person  is  guilty  of  assault on a peace officer, police officer,
 [fireman or] FIREFIGHTER,    emergency  medical  services  professional,
 SANITATION  ENFORCEMENT  AGENT OR NEW YORK CITY SANITATION WORKER IN THE
 FIRST DEGREE when, with intent to prevent a peace officer, police  offi-
 cer,  a  [fireman] FIREFIGHTER, including a [fireman] FIREFIGHTER acting
 as a paramedic or emergency medical technician administering  first  aid
 in the course of performance of duty as such [fireman] FIREFIGHTER, [or]
 an  emergency  medical  service  paramedic  or emergency medical service
 technician, SANITATION ENFORCEMENT AGENT OR  NEW  YORK  CITY  SANITATION
 WORKER  from performing a lawful duty, he OR SHE causes serious physical
 injury to such peace officer,  police  officer,  [fireman]  FIREFIGHTER,
 paramedic  [or],  technician,  SANITATION  ENFORCEMENT AGENT OR NEW YORK
 CITY SANITATION WORKER.
   Assault on a peace officer, police officer, [fireman or]  FIREFIGHTER,
 emergency medical services professional, SANITATION ENFORCEMENT AGENT OR
 NEW YORK CITY SANITATION WORKER IN THE FIRST DEGREE is a class C felony.
   § 2. The penal law is amended by adding a new section 120.08-a to read
 as follows:
 § 120.08-A ASSAULT  ON  A  PEACE  OFFICER,  POLICE OFFICER, FIREFIGHTER,
              EMERGENCY   MEDICAL   SERVICES   PROFESSIONAL,   SANITATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10792-05-8

 A. 9751                             2

              ENFORCEMENT AGENT OR NEW YORK CITY SANITATION WORKER IN THE
              SECOND DEGREE.
   A  PERSON  IS  GUILTY  OF  ASSAULT ON A PEACE OFFICER, POLICE OFFICER,
 FIREFIGHTER,  EMERGENCY  MEDICAL   SERVICES   PROFESSIONAL,   SANITATION
 ENFORCEMENT  AGENT  OR  NEW  YORK  CITY  SANITATION WORKER IN THE SECOND
 DEGREE WHEN, WITH INTENT TO PREVENT A PEACE OFFICER, POLICE  OFFICER,  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, SANITATION ENFORCEMENT  AGENT,  OR
 NEW YORK CITY SANITATION WORKER FROM PERFORMING A LAWFUL DUTY, HE OR SHE
 CAUSES PHYSICAL INJURY TO SUCH PEACE OFFICER, POLICE OFFICER, FIREFIGHT-
 ER, PARAMEDIC, TECHNICIAN, SANITATION ENFORCEMENT AGENT OR NEW YORK CITY
 SANITATION WORKER.
   ASSAULT  ON  A  PEACE  OFFICER, POLICE OFFICER, FIREFIGHTER, EMERGENCY
 MEDICAL SERVICES PROFESSIONAL, SANITATION ENFORCEMENT AGENT OR NEW  YORK
 CITY SANITATION WORKER IN THE SECOND DEGREE IS A CLASS D FELONY.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.