S T A T E O F N E W Y O R K
________________________________________________________________________
3547
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
___________
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 amended by chapter 233 of the laws of 2022, 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.
LBD08186-01-3
A. 3547 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, terminal cleaner, station customer assistant; person whose
official duties include the sale or collection of tickets, passes,
vouchers, or other revenue payment media for use on a train or bus or
the collection or handling of revenues therefrom; a person whose offi-
cial duties include the maintenance, repair, inspection, troubleshoot-
ing, testing or cleaning of buses, a transit signal system, elevated or
underground subway tracks, transit station structure, including fare
equipment, escalators, elevators and other equipment necessary to
passenger service, commuter rail tracks or stations, train yard, revenue
train in passenger service, or a train or bus station or terminal; or a
supervisor of such personnel, employed by any transit or commuter rail
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 enforcement 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 NURS-
ING PROFESSIONAL INCLUDING nurse[,] PRACTITIONERS, OR CERTIFIED licensed
practical [nurse] NURSES, emergency medical service paramedic, or emer-
gency medical service technician, he or she causes physical injury to
such train operator, ticket inspector, conductor, signalperson, bus
operator, station agent, station cleaner, terminal cleaner, station
customer assistant; person whose official duties include the sale or
collection of tickets, passes, vouchers or other revenue payment media
for use on a train or bus or the collection or handling of revenues
therefrom; a person whose official duties include the maintenance,
repair, inspection, troubleshooting, testing or cleaning of buses, a
transit signal system, elevated or underground subway tracks, transit
station structure, including fare equipment, escalators, elevators and
other equipment necessary to passenger service, commuter rail tracks or
stations, train yard, revenue train in passenger service, or a train or
bus station or terminal; or a supervisor of such personnel, city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, traffic enforcement officer, traf-
fic 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 sanitari-
A. 3547 3
an, 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, cleaning of a train or bus station or terminal,
assisting customers, the sale or collection of tickets, passes, vouch-
ers, or other revenue media for use on a train or bus, or maintenance or
cleaning of a train, a bus, or bus station or terminal, signal system,
elevated or underground subway tracks, transit station structure,
including fare equipment, escalators, elevators and other equipment
necessary to passenger service, commuter rail tracks or stations, train
yard or revenue train in passenger service, 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] sanita-
tion 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.