NY State Senate Bill 2017-S5428A

Senate Bill S5428A

2017-2018 Legislative Session

Relates to assault on a peace officer, police officer, firefighter, emergency medical services professional, sanitation enforcement agent or New York city sanitation worker

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.1004
Jan 22, 2018	print number 5428a
Jan 22, 2018	amend (t) and recommit to codes
Jan 03, 2018	referred to codes
Mar 28, 2017	referred to codes

Votes

- May 1, 2018 - Codes Committee Vote
  S5428A
  
  10
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 1, 2018
      
      aye (10)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Lanza
      
      O'Mara
      
      Tedisco
      
      nay (1)
      
      Savino
      
      aye wr (5)
      
      Bailey
      
      Kaminsky
      
      Krueger
      
      Peralta
      
      Serrano

Bill Amendments

Original

A (Active)

2017-S5428 - Details

See Assembly Version of this Bill:: A9751
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §120.08, add §120.08-a, Pen L
Versions Introduced in 2019-2020 Legislative Session:: A6967

2017-S5428 - Summary

Relates to assault on a peace officer, police officer, firefighter, emergency medical services professional, sanitation enforcement agent or New York city sanitation worker.

2017-S5428 - Sponsor Memo

                                 BILL NUMBER:  S5428

 TITLE OF BILL :

An act to amend the penal law, in relation to assault on a peace
officer, police officer, firefighter, or emergency medical services
professional

 PURPOSE OR GENERAL IDEA OF BILL :

This bill expands on current law to help distinguish the levels of
assault on public safety professionals so all assailants can be held
accountable.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 120.08 of the Penal Law to
provide attacking a peace officer, police officer, firefighter or EMS
professional with the intent to prevent said public safety
professional from executing their job and causing serious physical
injury is assault in the first degree, a Class C felony.

Section two of this bill amends the Penal Law to add a new section
120.08-a to provide attacking a peace officer, police officer,
firefighter or EMS professional with the intent to prevent said public
safety professional from executing their job and causing physical

injury is assault in the second degree, a Class D felony.

Section three of this bill provides that this act shall take effect on
the first day of November next succeeding the date on which it shall
have become a law.

 EXISTING LAW :

Currently, Penal Law regarding assault on peace officers, police
officers, firefighters or EMS professionals does not distinguish
between serious physical injury and physical injury.

 JUSTIFICATION :

This legislation aims to protect our tireless and brave public safety
professionals by distinguishing the level of physical injury and as a
result the severity of the consequence. The current language of
section 120.08 on the Penal Law can potentially allow an assailant to
get off if the public safety professional who the assailant injured
was not considered to have been "seriously physically injured". This
legislation will appropriately hold assailants accountable by
providing assault in the second degree, a Class D felony, for
assailants who did not seriously injure a public safety professional.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.

2017-S5428 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5428
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 on a  peace  offi-
   cer,  police  officer,  firefighter,  or  emergency  medical  services
   professional

   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] FIRE-
            FIGHTER or emergency medical  services  professional  IN  THE
            FIRST DEGREE.
   A  person  is  guilty  of  assault on a peace officer, police officer,
 [fireman] FIREFIGHTER or emergency medical services professional 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, from performing a lawful duty,  he  OR  SHE  causes  serious
 physical  injury  to such peace officer, police officer, [fireman] FIRE-
 FIGHTER, paramedic or technician.
   Assault on a peace officer, police officer, [fireman]  FIREFIGHTER  or
 emergency medical services professional 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 OR
              EMERGENCY  MEDICAL  SERVICES  PROFESSIONAL  IN  THE  SECOND
              DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10792-02-7

 S. 5428                             2
 
   A  PERSON  IS  GUILTY  OF  ASSAULT ON A PEACE OFFICER, POLICE OFFICER,
 FIREFIGHTER OR EMERGENCY MEDICAL SERVICES  PROFESSIONAL  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, OR AN EMERGENCY MEDICAL  SERVICE  PARAMEDIC
 OR  EMERGENCY MEDICAL SERVICE TECHNICIAN, FROM PERFORMING A LAWFUL DUTY,
 HE OR SHE CAUSES PHYSICAL INJURY TO SUCH PEACE OFFICER, POLICE  OFFICER,
 FIREFIGHTER, PARAMEDIC OR TECHNICIAN.
   ASSAULT  ON  A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER OR EMERGENCY
 MEDICAL SERVICES PROFESSIONAL IN THE SECOND DEGREE IS A CLASS D FELONY.
   § 3. This act shall take effect on the  first  day  of  November  next
 succeeding the date on which it shall have become a law.

co-Sponsors

2017-S5428A (ACTIVE) - Details

See Assembly Version of this Bill:: A9751
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §120.08, add §120.08-a, Pen L
Versions Introduced in 2019-2020 Legislative Session:: A6967

2017-S5428A (ACTIVE) - Summary

Relates to assault on a peace officer, police officer, firefighter, emergency medical services professional, sanitation enforcement agent or New York city sanitation worker.

2017-S5428A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5428A

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the penal law, in relation to assault
on a peace officer, police officer, firefighter, emergency medical
services professional, sanitation enforcement agent or New York city
sanitation worker

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill expands on current law by adding sanitation enforcement agent
and New York city sanitation worker under section 120.08 of the penal
law. Also to help distinguish the levels of assault on public safety
professionals so all assailants can be held accountable.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends section 120.08 of the Penal Law to
provide attacking a peace officer, police officer, firefighter EMS
professional, sanitation enforcement agent or New York city sanitation
worker with the intent to prevent said public safety professional from

executing their job and causing serious physical injury is assault in
the first degree, a Class C felony.

Section two of this bill amends the Penal Law to add a new section
120.08-a to provide attacking a peace officer, police officer, fire-
fighter, EMS professional, sanitation enforcement agent or New York city
sanitation worker with the intent to prevent said public safety profes-
sional from executing their job and causing physical injury is assault
in the second degree, a Class D felony.

Section three of this bill provides that this act shall take effect on
the first day of November next succeeding the date on which it shall
have become a law.

 
EXISTING LAW:

Currently under section 120.08 of the penal law, assault on a peace
officer, police officer, firefighter, emergency medical services profes-
sional in the first degree is a class C felony.

 
JUSTIFICATION:

This legislation aims to protect our tireless and brave public safety
professionals by distinguishing the level of physical injury and as a
result the severity of the consequence. The current language of section
120.08 on the Penal Law can potentially allow an assailant to get off if
the public safety professional who the assailant injured was not consid-
ered to have been "seriously physically injured". This legislation will
appropriately hold assailants accountable by providing assault in the
second degree, a Class D felony, for assailants who did not seriously
injure a public safety professional.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5428 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first day of November next succeeding
the date on which it shall have become a law.

2017-S5428A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5428--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10792-04-8

 S. 5428--A                          2
 
   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
              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.

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