S T A T E O F N E W Y O R K
________________________________________________________________________
5260
2023-2024 Regular Sessions
I N A S S E M B L Y
March 7, 2023
___________
Introduced by M. of A. DE LOS SANTOS -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to preventing a retail worker
from performing a lawful duty
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, 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 [or], employee of
any entity governed by the public service law in the course of perform-
ing an essential service, OR RETAIL WORKERS 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 proce-
dure law, registered nurse, licensed practical nurse, public health
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09572-01-3
A. 5260 2
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, 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 [or], employee of an entity governed by the public service law IN
THE COURSE OF PERFORMING AN ESSENTIAL SERVICE, OR RETAIL WORKERS FROM
PERFORMING A LAWFUL DUTY, OR 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, EMPLOYEE OF ANY ENTITY GOVERNED BY THE PUBLIC SERVICE LAW IN
THE COURSE OF PERFORMING AN ESSENTIAL SERVICE, OR RETAIL WORKERS FROM
PERFORMING A LAWFUL DUTY; or
§ 2. This act shall take effect immediately.