S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8055
 
                             I N  S E N A T E
 
                              March 22, 2018
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 the assault of  physicians
   providing direct patient care
 
   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, A PHYSICIAN AS DEFINED IN ARTICLE ONE HUNDRED THIRTY-ONE
 OF THE EDUCATION LAW, registered nurse, licensed practical nurse, public
 health sanitarian, New York city public  health  sanitarian,  sanitation
 enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
 including a firefighter acting as a paramedic or emergency medical tech-
 nician administering first aid in the course of performance of  duty  as
 such  firefighter,  an  emergency medical service paramedic or emergency
 medical service technician, or medical or related personnel in a  hospi-
 tal  emergency  department,  a  city  marshal,  a  school crossing guard
 appointed pursuant to section two hundred eight-a of the general munici-
 pal law, a traffic enforcement officer,  traffic  enforcement  agent  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 circum-
 stances 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, A
 PHYSICIAN AS DEFINED IN ARTICLE ONE HUNDRED THIRTY-ONE OF THE  EDUCATION
 LAW, registered nurse, licensed practical nurse, public health sanitari-
 an,  New  York  city  public  health  sanitarian, sanitation enforcement
 agent, New York city sanitation worker, firefighter, paramedic,  techni-
 cian,  city marshal, school crossing guard appointed pursuant to section
 two hundred eight-a of the general municipal  law,  traffic  enforcement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15171-01-8

 S. 8055                             2
 
 officer,  traffic enforcement agent 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, A PHYSICIAN AS DEFINED IN
 ARTICLE  ONE  HUNDRED THIRTY-ONE OF THE EDUCATION LAW, registered nurse,
 licensed practical nurse, public health sanitarian, New York city public
 health sanitarian, sanitation enforcement agent, New York  city  sanita-
 tion  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
   § 2. Subdivision 3-c of section 120.05 of the penal law, as  added  by
 chapter 423 of the laws of 2015, is amended to read as follows:
   3-c. With intent to prevent an employee providing direct patient care,
 who  is  not a nurse pursuant to title eight of the education law, whose
 principal employment responsibility is to carry out direct patient  care
 for  one  or  more  patients  in any hospital, nursing home, residential
 health care facility, general hospital, government agency including  any
 chronic  disease  hospital,  maternity  hospital, outpatient department,
 emergency center or surgical center under article  twenty-eight  of  the
 public  health  law  OR  OTHER  SETTING  WHERE  DIRECT  PATIENT  CARE IS
 PROVIDED, from performing a lawful duty, he or she causes physical inju-
 ry to such employee providing direct patient care; or
   § 3. Subdivision 11-c of section 120.05 of the penal law, as added  by
 chapter 423 of the laws of 2015, is amended to read as follows:
   11-c.  With  intent  to cause physical injury to an employee providing
 direct patient care, who is not a nurse pursuant to title eight  of  the
 education law, whose principal employment responsibility is to carry out
 direct  patient  care  for one or more patients in any hospital, nursing
 home, residential health care  facility,  general  hospital,  government
 agency  including  any  chronic  disease  hospital,  maternity hospital,
 outpatient department, emergency center or surgical center under article
 twenty-eight of the public health law  OR  OTHER  SETTING  WHERE  DIRECT
 PATIENT  CARE  IS  PROVIDED,  he  or  she causes physical injury to such
 employee providing direct patient care while such employee is performing
 a lawful duty; or
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.