S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3213

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to assaults on department  of
  sanitation workers and nursing professionals

  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,
as  separately  amended by chapters 318 and 345 of the laws of 2010, are
amended to read as follows:
  3. With intent to prevent a peace officer, a police  officer,  [regis-
tered]  A  NURSING PROFESSIONAL INCLUDING NURSE PRACTITIONERS, CERTIFIED
OR  LICENSED  nurse  PRACTITIONERS,  CERTIFIED  NURSING  ASSISTANTS  AND
licensed  practical  [nurse]  NURSES,  sanitation  enforcement  agent OR
DEPARTMENT OF SANITATION WORKER, a firefighter, 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 techni-
cian,  or  medical  or related personnel in a hospital emergency depart-
ment, a city marshal, a traffic enforcement officer or traffic  enforce-
ment  agent, 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  offi-
cer,  police officer, [registered nurse, licensed practical nurse] NURS-
ING PROFESSIONAL, sanitation enforcement agent OR DEPARTMENT OF  SANITA-
TION  WORKER,  firefighter, paramedic, technician, city marshal, traffic
enforcement officer or traffic enforcement agent, he or she causes phys-
ical injury to such peace officer, police  officer,  [registered  nurse,
licensed  practical  nurse] NURSING PROFESSIONAL, sanitation enforcement
agent OR DEPARTMENT OF SANITATION WORKER, firefighter, paramedic,  tech-
nician  or  medical or related personnel in a hospital emergency depart-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06975-01-1

              

A. 3213                             2

ment, city marshal, traffic enforcement officer or  traffic  enforcement
agent; or
  11.  With  intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit 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  traffic  enforcement  officer,  traffic
enforcement   agent,  DEPARTMENT  OF  SANITATION  WORKER  or  sanitation
enforcement agent, [registered] A NURSING PROFESSIONAL  INCLUDING  nurse
PRACTITIONERS,  CERTIFIED  or  licensed  NURSE  PRACTITIONERS, CERTIFIED
NURSING ASSISTANTS AND LICENSED practical  [nurse]  NURSES,  he  or  she
causes physical injury to such train operator, ticket inspector, conduc-
tor,  signalperson, bus operator or station agent, city marshal, traffic
enforcement officer, traffic enforcement  agent,  [registered  nurse  or
licensed practical nurse] NURSING PROFESSIONAL or sanitation enforcement
agent  OR  DEPARTMENT  OF  SANITATION  WORKER,  while  such  employee is
performing an assigned duty on, or directly related to, the operation of
a train or bus, or such city marshal, traffic enforcement officer, traf-
fic enforcement agent, [registered nurse or  licensed  practical  nurse]
NURSING  PROFESSIONAL  or  sanitation enforcement agent OR DEPARTMENT OF
SANITATION WORKER is performing an assigned duty.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.