S T A T E O F N E W Y O R K
________________________________________________________________________
4216
2013-2014 Regular Sessions
I N S E N A T E
March 14, 2013
___________
Introduced by Sen. GOLDEN -- 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 the assault of certain
public agents during the performance of their duties
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 377 of the laws of 2012, is amended to read as
follows:
3. With intent to [prevent] CAUSE PHYSICAL INJURY AND WITH KNOWLEDGE
THAT a peace officer, a police officer, registered nurse, licensed prac-
tical 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 technician, or medical or related
personnel in a hospital emergency department, a city marshal, a traffic
enforcement officer or traffic enforcement agent, [from] IS performing a
lawful OR ASSIGNED duty, OR WITH INTENT TO PREVENT THE PERFORMANCE OF
SUCH 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, 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, regis-
tered 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, IRRE-
SPECTIVE OF WHETHER SUCH ASSAULT RESULTS IN IMPAIRMENT OF PHYSICAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09793-01-3
S. 4216 2
CONDITION OR SUBSTANTIAL PAIN AND NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN SUBDIVISION NINE OF SECTION 10.00 OF THIS CHAPTER; or
S 2. The penal law is amended by adding a new section 120.75 to read
as follows:
S 120.75 RECKLESS ASSAULT UPON AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR
EMERGENCY MEDICAL SERVICE TECHNICIAN.
A PERSON IS GUILTY OF RECKLESS ASSAULT UPON AN EMERGENCY MEDICAL
SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHEN HE OR SHE
RECKLESSLY CAUSES PHYSICAL INJURY TO AN EMERGENCY MEDICAL SERVICE
PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHILE SUCH EMERGENCY
MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IS
PERFORMING A LAWFUL OR ASSIGNED DUTY, IRRESPECTIVE OF WHETHER SUCH
ASSAULT RESULTS IN IMPAIRMENT OF PHYSICAL CONDITION OR SUBSTANTIAL PAIN
AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SUBDIVISION NINE OF
SECTION 10.00 OF THIS CHAPTER.
RECKLESS ASSAULT UPON AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMER-
GENCY MEDICAL SERVICE TECHNICIAN IS A CLASS E FELONY.
S 3. Paragraph (d) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(d) Class E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a weapon in the third degree as
defined in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20 of
the criminal procedure law, persistent sexual abuse as defined in
section 130.53, aggravated sexual abuse in the fourth degree as defined
in section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 [and], placing a false bomb or hazardous
substance in the second degree as defined in section 240.61, AND RECK-
LESS ASSAULT UPON AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY
MEDICAL SERVICE TECHNICIAN AS DEFINED IN SECTION 120.75.
S 4. This act shall take effect immediately.