S T A T E   O F   N E W   Y O R K
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                                 4738--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced  by  M.  of  A.  MOYA, RUSSELL, SKOUFIS, ZEBROWSKI, BRINDISI,
  SCHIMMINGER, WEPRIN, BRAUNSTEIN, QUART, KIM, PICHARDO,  DILAN,  PAULIN
  --  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 elevating an assault of  a
  utility worker to the class D felony of assault in the second degree

  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  472  of  the  laws  of 2015, is 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, public health
sanitarian,  New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, a firefighter, including  a
firefighter acting as a paramedic or emergency medical technician admin-
istering  first  aid  in the course of performance of duty as such fire-
fighter, an emergency medical service  paramedic  or  emergency  medical
service  technician, or medical or related personnel in a hospital emer-
gency department, a city marshal,  a  school  crossing  guard  appointed
pursuant  to section two hundred eight-a of the general municipal law, a
traffic enforcement officer [or], traffic enforcement agent OR  EMPLOYEE
OF  ANY  ENTITY  GOVERNED  BY  THE  PUBLIC  SERVICE LAW IN THE COURSE OF
PERFORMING AN ESSENTIAL SERVICE, 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04667-03-6
              

A. 4738--A                          2

tered nurse, licensed practical nurse,  public  health  sanitarian,  New
York  city  public  health sanitarian, sanitation enforcement agent, New
York city sanitation worker, firefighter,  paramedic,  technician,  city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a  of the general municipal law, traffic enforcement officer [or],
traffic enforcement agent OR EMPLOYEE  OF  AN  ENTITY  GOVERNED  BY  THE
PUBLIC SERVICE LAW, he or she causes physical injury to such peace offi-
cer,  police officer, prosecutor as defined in subdivision thirty-one of
section 1.20 of the criminal procedure law, registered  nurse,  licensed
practical  nurse,  public health sanitarian, New York city public health
sanitarian, sanitation enforcement agent, New York city sanitation work-
er, firefighter, paramedic, technician or medical or  related  personnel
in a hospital emergency department, city marshal, school crossing guard,
traffic  enforcement officer [or], traffic enforcement agent OR EMPLOYEE
OF AN ENTITY GOVERNED BY THE PUBLIC SERVICE LAW; or
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner as chapter 472 of the laws of 2015 takes effect.