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Senate Bill S5479

2023-2024 Legislative Session

Elevates an assault of a retail worker to the class D felony of assault in the second degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S5479 (ACTIVE) - Details

See Assembly Version of this Bill:
A5260
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L

2023-S5479 (ACTIVE) - Summary

Elevates an assault of a retail worker to the class D felony of assault in the second degree.

2023-S5479 (ACTIVE) - Sponsor Memo

2023-S5479 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5479
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 elevating an assault of  a
   retail worker 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  RETAIL WORKER 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.
                                                            LBD09926-01-3

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