BILL NUMBER:S1188

TITLE OF BILL:  An act to amend the penal law, in relation to
establishing the crimes of reckless endangerment of a peace officer,
police officer, firefighter or emergency medical services professional
in the first and second degrees

PURPOSE:  To create the new crimes of reckless endangerment of a peace
officer, police officer, firefighter or emergency medical services
professional in the first and second degrees.

SUMMARY OF PROVISIONS:

Section 1. Adds a new § 120.26 to the penal law creating the crime of
reckless endangerment of a peace officer, police officer, firefighter
or emergency medical services professional in the second degree. A
person is guilty of this offense when, knowing that a building permit
is required and without obtaining such permit, he or she alters,
converts, encloses, subdivides or partitions any building or structure
in violation of the New York State uniform fire prevention and
building code, or any other provision of general, special or local
law, ordinance, administrative code, rule or regulation addressing
standards for building construction and fire prevention and during
such fire or other emergency evacuation such conduct creates a
substantial risk of serious physical injury to a peace officer, police
officer, firefighter or emergency medical services professional.
              

Reckless endangerment of a peace officer, police officer, firefighter
or emergency medical services professional in the second degree is a
class E felony.

Section 2. Adds a new § 120.27 to the penal law creating the crime of
reckless endangerment of a peace officer, police officer, firefighter
or emergency medical services professional in the first degree. A
person is guilty of this offense when he or she commits reckless
endangerment of a peace officer, police officer, firefighter or
emergency medical services professional in the second degree and
either: during such fire or other emergency evacuation such conduct
creates a grave risk of death to a peace officer, police officer,
firefighter or emergency medical services professional; or he or she
has previously been convicted within the past ten years of reckless
endangerment of a peace officer, police officer, firefighter or
emergency medical services professional in the first or second degree.

Section 3. Effective date.

JUSTIFICATION:  Building codes exist to ensure that residents, and
particularly first responders and emergency personnel, are protected
from the dangers posed by fire and inferior construction methods.
While responding to any emergency is dangerous, this is particularly
so when a building has been illegally altered, usually to make room
for more occupants.  Firefighters and other first responders are put
at significant risk when they enter a structure anticipating a certain
layout and instead must navigate around with walls that, don't belong,
narrow passageways, blocked entrances or exits, or other structural
changes; all while battling smoke and flames. Far too often, these
situations result in serious injury to, or even the death of,
firefighters or other emergency personnel.


This is exactly what happened on a January morning in 2005 in the
Bronx, where an apartment fire turned into a deathtrap for several
firefighters. Six New York City firefighters were forced to jump from
a fourth-floor window after they were trapped in the apartment by
illegally constructed walls. Sadly, two firefighters were killed and
several more were severely injured. While the building's owner and
former were initially convicted of criminally negligent homicide,
these convictions were overturned by a judge who ruled there was no
evidence that they knew the apartments had been illegally converted.

More recently, in 2011, firefighters in Haverstraw, Rockland County,
entered a smoke-filled single-family home and were confronted with its
illegal conversion to a rooming house. A disoriented volunteer
firefighter was running out of air and had to issue a mayday call to
his fellow firefighters, who had to use a thermal imaging device to
locate him in the home. Thankfully, he was found in time. The owner of
the home had been served with a code violation just two weeks prior to
the fire.

Illegally altered or subdivided structures can have very serious
consequences for the occupants of these structures and particularly
the first responders who might be called there in an emergency. Our
first responders provide an invaluable service in keeping us safe and
assisting us in emergencies, and when an unscrupulous individual
directly places their health and safety at risk for the sake of their
own profits they should be held accountable in the event that their
illegal conduct results in injury or death to a firefighter or other
emergency services personnel.

LEGISLATIVE HISTORY:  2014:S6254-A/A8644-A - Third Reading
Calendar/Codes Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.