Senate Bill S9165

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9165
 
                             I N  S E N A T E
 
                            September 12, 2018
                                ___________
 
 Introduced  by Sen. PHILLIPS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to including licensed munici-
   pal public safety officers on the list of public employees  for  which
   prevention of duties qualifies as 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. 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 subdivi-
 sion  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, LICENSED MUNICI-
 PAL PUBLIC SAFETY OFFICER 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, sanitation enforcement agent, New York city sanitation work-
 er, firefighter, paramedic, technician, city  marshal,  school  crossing
 guard  appointed  pursuant to section two hundred eight-a of the general
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16528-01-8

 S. 9165                             2
 
 municipal law, traffic enforcement officer, traffic  enforcement  agent,
 LICENSED  MUNICIPAL  PUBLIC  SAFETY  OFFICER  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, 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, LICENSED MUNICIPAL PUBLIC SAFETY OFFICER or employee of an entity
 governed by the public service law; 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,  LICENSED  MUNICIPAL  PUBLIC  SAFETY OFFICER, prosecutor as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure law, sanitation enforcement agent, New York city sanitation worker,
 public health sanitarian, New York city public health sanitarian, regis-
 tered  nurse,  licensed  practical  nurse,  emergency  medical   service
 paramedic,  or  emergency  medical  service technician, 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  municipal law, traffic
 enforcement  officer,  traffic  enforcement  agent,  LICENSED  MUNICIPAL
 PUBLIC  SAFETY  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 sanita-
 tion worker, emergency medical service paramedic, or  emergency  medical
 service  technician,  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, LICENSED MUNICIPAL PUBLIC SAFETY 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 enforce-
 ment agent, New York city sanitation worker, emergency  medical  service
 paramedic,  or  emergency  medical  service  technician is performing an
 assigned duty; or
   § 2. This act shall take effect immediately.