S T A T E   O F   N E W   Y O R K
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                                 2251--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens.  LARKIN, ADDABBO, GRIFFO, O'MARA -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  --  recommitted  to  the  Committee on Codes in accordance with
  Senate Rule 6, sec. 8 -- 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-
tered  nurse,  licensed  practical  nurse, public health sanitarian, New

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04667-02-6
              

S. 2251--A                          2

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.