S T A T E O F N E W Y O R K
________________________________________________________________________
6967
2019-2020 Regular Sessions
I N A S S E M B L Y
March 29, 2019
___________
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 476 of
the laws of 2018, is amended to read as follows:
§ 120.08 Assault on a peace officer, police officer, firefighter [or],
emergency medical services professional, SANITATION ENFORCE-
MENT AGENT OR NEW YORK CITY SANITATION WORKER IN THE FIRST
DEGREE.
A person is guilty of assault on a peace officer, police officer,
firefighter [or], 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 officer, a fire-
fighter, 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, 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 offi-
cer, firefighter, paramedic [or], technician, SANITATION ENFORCEMENT
AGENT OR NEW YORK CITY SANITATION WORKER.
Assault on a peace officer, police officer, firefighter [or], emergen-
cy 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08012-01-9
A. 6967 2
§ 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.