S T A T E   O F   N E W   Y O R K
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                                  3997

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- 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 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  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] A NURSING PROFESSIONAL INCLUDING NURSE PRACTITIONER, CERTIFIED OR
LICENSED nurse PRACTITIONERS, CERTIFIED NURSING ASSISTANTS AND, licensed
practical  [nurse] NURSES, 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 technician, or medical or
related personnel in a hospital emergency department, a city marshal,  a
traffic  enforcement officer or traffic enforcement agent, from perform-
ing 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,
[registered nurse, licensed practical nurse] NURSING PROFESSIONAL, sani-
tation enforcement agent, [New York city] sanitation worker,  firefight-
er,  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] NURSING PROFESSIONAL, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07782-03-3
              

S. 3997                             2

  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] A NURSING PROFESSIONAL INCLUDING nurse PRACTI-
TIONERS, CERTIFIED or licensed practical [nurse] NURSES, he or she caus-
es physical injury to such train operator, ticket inspector,  conductor,
signalperson,  bus  operator  or  station  agent,  city marshal, traffic
enforcement officer, traffic enforcement  agent,  [registered  nurse  or
licensed  practical  nurse] NURSING PROFESSIONAL, 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, traf-
fic  enforcement  agent,  [registered nurse or licensed practical nurse]
NURSING PROFESSIONAL, sanitation enforcement agent or  [New  York  city]
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.