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

                                  1498

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  GUNTHER,  JACOBS, LAVINE, CASTRO, MONTESANO,
  ORTIZ, TITONE -- Multi-Sponsored by -- M. of A. CORWIN, FINCH, SALADI-
  NO -- read once and referred 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

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

                                                           LBD02264-01-3

A. 1498                             2

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  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
________________________________________________________________________

                                 1498--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  GUNTHER,  JACOBS,  LAVINE, MONTESANO, ORTIZ,
  TITONE, CRESPO, HOOPER, WALTER --  Multi-Sponsored  by  --  M.  of  A.
  ARROYO,  BOYLAND,  CORWIN,  DUPREY, FINCH, HAWLEY, RIVERA, SALADINO --
  read once and referred to the Committee on Codes -- recommitted to the
  Committee on Codes in accordance with  Assembly  Rule  3,  sec.  2  --
  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-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02264-03-4

A. 1498--A                          2

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.