S T A T E O F N E W Y O R K
________________________________________________________________________
4925
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to assaults on department of
sanitation workers and nursing professionals
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] A NURSING PROFESSIONAL INCLUDING NURSE PRAC-
TITIONER, CERTIFIED OR LICENSED nurse PRACTITIONERS, CERTIFIED NURSING
ASSISTANTS, licensed practical [nurse] NURSES, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
[New York city] sanitation worker, a firefighter, including a firefight-
er 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 techni-
cian, or medical or related personnel in a hospital emergency depart-
ment, 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 performing an essen-
tial service, from performing a lawful duty, by means including releas-
ing 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] NURSING PROFESSIONAL, public health
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09010-01-9
A. 4925 2
sanitarian, New York city public health sanitarian, sanitation enforce-
ment 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, 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, [registered
nurse, licensed practical nurse] NURSING PROFESSIONAL, public health
sanitarian, New York city public health sanitarian, sanitation enforce-
ment 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
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] A NURSING PROFESSIONAL INCLUDING
nurse[,] PRACTITIONERS, OR CERTIFIED licensed practical [nurse] NURSES,
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] NURSING
PROFESSIONAL, 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, 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 procedure law, [registered nurse, licensed
practical nurse] NURSING PROFESSIONAL, 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 is performing an assigned duty; or
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.