S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5116
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to protecting registered
   security guards in a hospital or health care facility from assault
 
   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 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  REGISTERED SECURITY GUARD IN A HOSPITAL OR HEALTH
 CARE FACILITY, a city marshal, a school crossing guard appointed  pursu-
 ant to section two hundred eight-a of the general municipal law, a traf-
 fic  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 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, public health sanitarian, New York city
 public  health  sanitarian,  sanitation enforcement agent, New York city
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09168-01-3
              

 S. 5116                             2
 
 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,  public health sanitarian, New York city public health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er, firefighter, paramedic, technician or medical or  related  personnel
 in  a  hospital  emergency  department, A REGISTERED SECURITY GUARD IN A
 HOSPITAL OR HEALTH CARE FACILITY, 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 sani-
 tarian, New  York  city  public  health  sanitarian,  registered  nurse,
 licensed  practical  nurse,  emergency  medical  service paramedic, [or]
 emergency medical service technician, OR A REGISTERED SECURITY GUARD  IN
 A  HOSPITAL OR HEALTH CARE FACILITY, 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, public health sanitarian, New York city public
 health sanitarian, sanitation enforcement agent, New York  city  sanita-
 S. 5116                             3
 
 tion worker, emergency medical service paramedic, [or] emergency medical
 service  technician,  OR  A  REGISTERED  SECURITY GUARD IN A HOSPITAL OR
 HEALTH CARE FACILITY, 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, vouchers, 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 enforce-
 ment officer, traffic enforcement agent, prosecutor as defined in subdi-
 vision thirty-one of section 1.20 of the criminal procedure law,  regis-
 tered  nurse,  licensed  practical  nurse, public health sanitarian, New
 York city public health sanitarian, sanitation  enforcement  agent,  New
 York  city  sanitation worker, emergency medical service paramedic, [or]
 emergency medical service technician, OR A REGISTERED SECURITY GUARD  IN
 A HOSPITAL OR HEALTH CARE FACILITY, is performing an assigned duty; or
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.