S T A T E   O F   N E W   Y O R K
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                                  1034

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. GUNTHER, LAVINE, ORTIZ, TITONE, CRESPO, HOOPER,
  CLARK, JAFFEE, BRINDISI, RYAN, SKOUFIS, LUPARDO,  SCHIMMINGER,  ROBIN-
  SON,  SCHIMEL, MILLER, FAHY, SANTABARBARA, MONTESANO, WALTER -- Multi-
  Sponsored by -- M. of A. ARROYO, CORWIN, DUPREY, FINCH, GALEF, HAWLEY,
  LUPINACCI, MAGEE, MALLIOTAKIS, RAIA, RAMOS, RIVERA, SALADINO  --  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. Section 120.05 of the penal law is amended  by  adding  two
new subdivisions 3-c and 11-c to read as follows:
  3-C.  WITH  INTENT  TO  PREVENT AN   EMPLOYEE PROVIDING DIRECT PATIENT
CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE  EDUCATION  LAW,
WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT
CARE FOR ONE OR MORE PATIENTS 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 ANY FACILITY THAT PROVIDES DIRECT PATIENT CARE  OR
HEALTH  CARE  SERVICES  PURSUANT  TO  THE  MENTAL  HYGIENE  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, FROM PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES PHYSICAL  INJURY
TO SUCH EMPLOYEE PROVIDING DIRECT PATIENT CARE.
  11-C.    WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE PROVIDING
DIRECT PATIENT CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT  OF  THE
EDUCATION LAW, WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT
DIRECT  PATIENT  CARE  FOR ONE OR MORE PATIENTS IN ANY HOSPITAL, NURSING
HOME, RESIDENTIAL HEALTH CARE  FACILITY,  GENERAL  HOSPITAL,  GOVERNMENT
AGENCY  INCLUDING  ANY  CHRONIC  DISEASE  HOSPITAL,  MATERNITY HOSPITAL,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01613-01-5
              

A. 1034                             2

OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND  ANY  FACILITY  THAT  PROVIDES
DIRECT  PATIENT  CARE  OR  HEALTH  CARE  SERVICES PURSUANT TO THE MENTAL
HYGIENE  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,  HE  OR SHE CAUSES PHYSICAL INJURY TO SUCH
EMPLOYEE PROVIDING DIRECT PATIENT CARE WHILE SUCH EMPLOYEE IS PERFORMING
A LAWFUL 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.