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Assembly Bill A7054

2023-2024 Legislative Session

Relates to assault in the second degree

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Archive: Last Bill Status - In Assembly Committee

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2023-A7054 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2025-2026 Legislative Session:
A4585

2023-A7054 (ACTIVE) - Summary

Makes the crime of preventing an elected official from performing a lawful duty or essential service a class D felony of assault in the second degree.

2023-A7054 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7054
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM,  DE LOS SANTOS  -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to elevating the  assault  of
   an  elected  official  to  the class D felony of assault in the second
   degree
 
   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 ELECTED OFFICIAL 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10522-01-3

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