S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    748
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to the assault of physicians
   providing direct patient care
 
   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, A PHYSICIAN AS DEFINED IN ARTICLE ONE HUNDRED  THIRTY-ONE
 OF THE EDUCATION LAW, registered nurse, licensed practical nurse, public
 health  sanitarian,  New  York city public health sanitarian, sanitation
 enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
 including a firefighter acting as a paramedic or emergency medical tech-
 nician  administering  first aid in the course of performance of duty as
 such firefighter, an emergency medical service  paramedic  or  emergency
 medical  service technician, or medical or related personnel in a hospi-
 tal emergency department,  a  city  marshal,  a  school  crossing  guard
 appointed pursuant to section two hundred eight-a of the general munici-
 pal  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  essential service, from performing a lawful duty, by
 means including releasing or failing to control an animal under  circum-
 stances  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,  A
 PHYSICIAN  AS DEFINED IN ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION
 LAW, registered nurse, licensed practical nurse, public health sanitari-
 an, New York  city  public  health  sanitarian,  sanitation  enforcement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02343-01-3
              

 A. 748                              2
 
 agent,  New York city sanitation worker, firefighter, paramedic, techni-
 cian, 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, A PHYSICIAN AS DEFINED IN
 ARTICLE  ONE  HUNDRED THIRTY-ONE OF THE EDUCATION LAW, registered nurse,
 licensed practical nurse, public health sanitarian, New York city public
 health sanitarian, sanitation enforcement agent, New York  city  sanita-
 tion  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
   § 2. Subdivision 3-c of section 120.05 of the penal law, as  added  by
 chapter 423 of the laws of 2015, is amended to read as follows:
   3-c. With intent to prevent an employee providing direct patient care,
 who  is  not a nurse pursuant to title eight of the education law, whose
 principal employment responsibility is to carry out direct patient  care
 for  one  or  more  patients  in any hospital, nursing home, residential
 health care facility, general hospital, government agency including  any
 chronic  disease  hospital,  maternity  hospital, outpatient department,
 emergency center or surgical center under article  twenty-eight  of  the
 public  health  law  OR  OTHER  SETTING  WHERE  DIRECT  PATIENT  CARE IS
 PROVIDED, from performing a lawful duty, he or she causes physical inju-
 ry to such employee providing direct patient care; or
   § 3. Subdivision 11-c of section 120.05 of the penal law, as added  by
 chapter 423 of the laws of 2015, is amended to read as follows:
   11-c.  With  intent  to cause physical injury to an employee providing
 direct patient care, who is not a nurse pursuant to title eight  of  the
 education law, whose principal employment responsibility is to carry out
 direct  patient  care  for one or more patients in any hospital, nursing
 home, residential health care  facility,  general  hospital,  government
 agency  including  any  chronic  disease  hospital,  maternity hospital,
 outpatient department, emergency center or surgical center under article
 twenty-eight of the public health law  OR  OTHER  SETTING  WHERE  DIRECT
 PATIENT  CARE  IS  PROVIDED,  he  or  she causes physical injury to such
 employee providing direct patient care while such employee is performing
 a lawful duty; or
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.