Senate Bill S6763

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6763
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2023
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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  assaults  on  medical
   providers and employees and volunteers of hospitals
 
   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,] A PHYSI-
 CIAN, A PHYSICIAN ASSISTANT, A HEALTH  CARE  PROVIDER,  A  PRIMARY  CARE
 PRACTITIONER  OR PRIMARY CARE PHYSICIAN, A NURSE OR NURSING PROFESSIONAL
 INCLUDING A REGISTERED NURSE, NURSE PRACTITIONER, CERTIFIED OR  LICENSED
 NURSE PRACTITIONER, A CERTIFIED NURSING ASSISTANT, OR A LICENSED PRACTI-
 CAL  NURSE,  AMBULANCE  PERSONNEL, A DIRECTOR OF A HOSPITAL OR A MEDICAL
 DIRECTOR, EMPLOYEE, ATTENDANT, AGENT  OR  VOLUNTEER  OF  A  HOSPITAL  AS
 DEFINED  IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, A
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  enforcement agent, New York city sanitation worker, a firefight-
 er, including a firefighter acting as a paramedic or  emergency  medical
 technician  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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10959-02-3
 S. 6763                             2
 
 subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
 [registered  nurse,  licensed  practical  nurse,]  PHYSICIAN,  PHYSICIAN
 ASSISTANT,  HEALTH  CARE  PROVIDER, PRIMARY CARE PRACTITIONER OR PRIMARY
 CARE  PHYSICIAN,  A NURSE OR NURSING PROFESSIONAL INCLUDING A REGISTERED
 NURSE, NURSE PRACTITIONER, CERTIFIED OR LICENSED NURSE  PRACTITIONER,  A
 CERTIFIED  NURSING  ASSISTANT,  OR A LICENSED PRACTICAL NURSE, AMBULANCE
 PERSONNEL, A DIRECTOR OF A HOSPITAL OR  A  MEDICAL  DIRECTOR,  EMPLOYEE,
 ATTENDANT,  AGENT OR VOLUNTEER OF A HOSPITAL AS DEFINED IN SECTION TWEN-
 TY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, A public health sanitari-
 an, New York  city  public  health  sanitarian,  sanitation  enforcement
 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,  [registered  nurse,
 licensed  practical  nurse,] PHYSICIAN, PHYSICIAN ASSISTANT, HEALTH CARE
 PROVIDER, PRIMARY CARE PRACTITIONER OR PRIMARY CARE PHYSICIAN,  A  NURSE
 OR  NURSING PROFESSIONAL INCLUDING A REGISTERED NURSE, NURSE PRACTITION-
 ER, CERTIFIED  OR  LICENSED  NURSE  PRACTITIONER,  A  CERTIFIED  NURSING
 ASSISTANT,  OR A LICENSED PRACTICAL NURSE, AMBULANCE PERSONNEL, A DIREC-
 TOR OF A HOSPITAL OR A MEDICAL DIRECTOR, EMPLOYEE, ATTENDANT,  AGENT  OR
 VOLUNTEER  OF  A HOSPITAL AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE
 OF THE PUBLIC HEALTH LAW, A public  health  sanitarian,  New  York  city
 public  health  sanitarian,  sanitation enforcement 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
   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]  PHYSICIAN, PHYSICIAN ASSISTANT, HEALTH CARE
 PROVIDER, PRIMARY CARE PRACTITIONER OR PRIMARY CARE PHYSICIAN,  A  NURSE
 OR  NURSING PROFESSIONAL INCLUDING A REGISTERED NURSE, NURSE PRACTITION-
 ER, CERTIFIED  OR  LICENSED  NURSE  PRACTITIONER,  A  CERTIFIED  NURSING
 ASSISTANT,  OR A LICENSED PRACTICAL NURSE, AMBULANCE PERSONNEL, A DIREC-
 S. 6763                             3
 
 TOR OF A HOSPITAL OR A MEDICAL DIRECTOR, EMPLOYEE, ATTENDANT,  AGENT  OR
 VOLUNTEER  OF  A HOSPITAL AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE
 OF THE PUBLIC HEALTH LAW, emergency medical service paramedic, or  emer-
 gency  medical  service  technician, 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] PHYSICIAN, PHYSICIAN  ASSISTANT,  HEALTH  CARE
 PROVIDER,  PRIMARY  CARE PRACTITIONER OR PRIMARY CARE PHYSICIAN, A NURSE
 OR NURSING PROFESSIONAL INCLUDING A REGISTERED NURSE, NURSE  PRACTITION-
 ER,  CERTIFIED  OR  LICENSED  NURSE  PRACTITIONER,  A  CERTIFIED NURSING
 ASSISTANT, OR A LICENSED PRACTICAL NURSE, AMBULANCE PERSONNEL, A  DIREC-
 TOR  OF  A HOSPITAL OR A MEDICAL DIRECTOR, EMPLOYEE, ATTENDANT, AGENT OR
 VOLUNTEER OF A HOSPITAL AS DEFINED IN SECTION TWENTY-EIGHT  HUNDRED  ONE
 OF THE PUBLIC HEALTH LAW, public health sanitarian, New York city public
 health  sanitarian,  sanitation enforcement agent, New York city sanita-
 tion worker, emergency medical service paramedic, or  emergency  medical
 service  technician,  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] PHYSICIAN, PHYSICIAN ASSISTANT,
 HEALTH CARE PROVIDER, PRIMARY CARE PRACTITIONER OR PRIMARY  CARE  PHYSI-
 CIAN,  A  NURSE  OR  NURSING  PROFESSIONAL INCLUDING A REGISTERED NURSE,
 NURSE PRACTITIONER, CERTIFIED OR LICENSED NURSE PRACTITIONER,  A  CERTI-
 FIED NURSING ASSISTANT, OR A LICENSED PRACTICAL NURSE, AMBULANCE PERSON-
 NEL,  A  DIRECTOR OF A HOSPITAL OR A MEDICAL DIRECTOR, EMPLOYEE, ATTEND-
 ANT, AGENT OR VOLUNTEER OF A HOSPITAL AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE OF THE PUBLIC HEALTH LAW, public health sanitarian, New York
 city public health sanitarian, sanitation enforcement  agent,  New  York
 city sanitation worker, emergency medical service paramedic, or emergen-
 cy medical service technician is performing an assigned duty; or
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.