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
S. 5479 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, OR RETAIL WORKER, 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 enforce-
ment 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, OR RETAIL WORKER; or
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.