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

                                  1089

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 assault of certain persons
  providing direct patient care

  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 amended by chapter 377 of the laws of 2012, are amended  to  read  as
follows:
  3.  With  intent  to prevent a peace officer, a police officer, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York city 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, sanita-
tion  enforcement  agent,  New York city sanitation worker, firefighter,
paramedic, technician, city  marshal,  traffic  enforcement  officer  or
traffic  enforcement  agent,  he  or  she causes physical injury to such
peace officer, police  officer,  registered  nurse,  licensed  practical
nurse,  sanitation  enforcement  agent, New York city sanitation worker,
firefighter, paramedic, technician or medical or related personnel in  a
hospital emergency department, city marshal, traffic enforcement officer
or  traffic  enforcement agent, OR TO ANY DIRECT-CARE STAFF WHO IS NOT A
NURSE PURSUANT TO TITLE EIGHT  OF  THE  EDUCATION  LAW  WHOSE  PRINCIPAL

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

                                                           LBD02264-01-3

S. 1089                             2

RESPONSIBILITY  IS  TO  CARRY  OUT  DIRECT  PATIENT CARE FOR ONE OR MORE
PATIENTS OR PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF  PATIENT  CARE
IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL
HOSPITAL,  GOVERNMENT  AGENCY  INCLUDING  ANY  CHRONIC DISEASE HOSPITAL,
MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR  SURGICAL
CENTER  UNDER  ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW AND SHALL
ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO
THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE EXECUTIVE LAW  OR  THE
CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
RATION; 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,  sanitation enforcement agent, New York city sanita-
tion worker, registered nurse or licensed  practical  nurse  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, sanitation enforcement agent or New York city
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,  traffic  enforcement  agent,
registered  nurse  or  licensed  practical nurse, sanitation enforcement
agent or New York city sanitation worker, OR ANY DIRECT-CARE  STAFF  WHO
IS  NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHOSE PRIN-
CIPAL RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE
PATIENTS OR PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF  PATIENT  CARE
IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL
HOSPITAL,  GOVERNMENT  AGENCY  INCLUDING  ANY  CHRONIC DISEASE HOSPITAL,
MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR  SURGICAL
CENTER  UNDER  ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW AND SHALL
ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO
THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE EXECUTIVE LAW  OR  THE
CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
RATION, WHO, is performing an assigned duty.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

                                 1089--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the penal law, in relation to assault of certain persons
  providing direct patient care

  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  amended  by  chapter 259 of the laws of 2013, 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, sanitation
enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician  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 traffic enforcement  officer
or  traffic  enforcement  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 officer, police officer, prosecutor as defined in subdivi-
sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York city sanitation worker, firefighter,  paramedic,  technician,  city
marshal, traffic enforcement officer or traffic enforcement agent, he or
she causes physical injury to such peace officer, police officer, prose-

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

                                                           LBD02264-02-4

S. 1089--A                          2

cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal  procedure  law, registered nurse, licensed practical nurse, sanita-
tion enforcement agent, New York city  sanitation  worker,  firefighter,
paramedic,  technician  or  medical  or  related personnel in a hospital
emergency department, city marshal, traffic enforcement officer or traf-
fic enforcement agent, OR TO ANY DIRECT-CARE STAFF WHO IS  NOT  A  NURSE
PURSUANT  TO  TITLE EIGHT OF THE EDUCATION LAW WHOSE PRINCIPAL RESPONSI-
BILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE  PATIENTS  OR
PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE IN ANY HOSPI-
TAL,  NURSING  HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL HOSPITAL,
GOVERNMENT AGENCY INCLUDING  ANY  CHRONIC  DISEASE  HOSPITAL,  MATERNITY
HOSPITAL,  OUTPATIENT  DEPARTMENT,  EMERGENCY  CENTER OR SURGICAL CENTER
UNDER ARTICLE TWENTY-EIGHT OF THE  PUBLIC  HEALTH  LAW  AND  SHALL  ALSO
INCLUDE  ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO THE
MENTAL HYGIENE LAW, ARTICLE NINETEEN-G  OF  THE  EXECUTIVE  LAW  OR  THE
CORRECTION  LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPO-
RATION; 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,  prosecutor  as defined in subdivision thirty-one of
section 1.20 of  the  criminal  procedure  law,  sanitation  enforcement
agent,  New  York  city  sanitation worker, registered nurse or licensed
practical nurse he or she causes physical injury to such train operator,
ticket inspector,  conductor,  signalperson,  bus  operator  or  station
agent,  city  marshal,  traffic enforcement officer, traffic enforcement
agent, prosecutor as defined in subdivision thirty-one of  section  1.20
of  the  criminal  procedure  law,  registered nurse, licensed practical
nurse, sanitation enforcement agent or New York city 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, traf-
fic  enforcement  officer,  traffic  enforcement  agent,  prosecutor  as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure   law,  registered  nurse,  licensed  practical  nurse,  sanitation
enforcement agent or New York city sanitation worker, OR ANY DIRECT-CARE
STAFF WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF  THE  EDUCATION  LAW
WHOSE  PRINCIPAL  RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR
ONE OR MORE PATIENTS OR PROVIDES DIRECT ASSISTANCE IN  THE  DELIVERY  OF
PATIENT  CARE  IN  ANY  HOSPITAL,  NURSING HOME, RESIDENTIAL HEALTH CARE
FACILITY, GENERAL HOSPITAL,  GOVERNMENT  AGENCY  INCLUDING  ANY  CHRONIC
DISEASE  HOSPITAL,  MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY
CENTER OR SURGICAL CENTER  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC
HEALTH LAW AND SHALL ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE
SERVICES  PURSUANT  TO THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE
EXECUTIVE LAW OR THE CORRECTION LAW IF SUCH FACILITY IS OPERATED BY  THE
STATE  OR  A POLITICAL SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION is performing an assigned duty.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  if  chapter 259 of the laws of 2013 shall not have taken effect on
or before such date, this act shall take effect  on  the  same  date  as
chapter 259 of the laws of 2013, takes effect.