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

                                  1813

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to assaults on department  of
  sanitation workers and nursing professionals

  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 196 of the laws of 2014, 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] A NURSING PROFESSIONAL INCLUDING NURSE PRAC-
TITIONER,  CERTIFIED  OR LICENSED nurse PRACTITIONERS, CERTIFIED NURSING
ASSISTANTS AND, licensed practical [nurse] NURSES,  sanitation  enforce-
ment  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 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, from perform-
ing 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 subdivision thirty-one of section 1.20  of  the
criminal  procedure  law,  [registered  nurse, licensed practical nurse]
NURSING PROFESSIONAL, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05478-01-5
              

S. 1813                             2

enforcement agent, 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]  NURSING  PROFESSIONAL,  sanitation enforcement agent,
[New York city] sanitation worker, 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
  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 school crossing guard appointed pursuant
to  section  two hundred eight-a of the general municipal law, 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, [regis-
tered]  A  NURSING PROFESSIONAL INCLUDING nurse PRACTITIONERS, CERTIFIED
or licensed practical [nurse] NURSES, he or she causes  physical  injury
to  such  train operator, ticket inspector, conductor, signalperson, bus
operator or station agent, city marshal, school crossing guard appointed
pursuant to section two hundred eight-a of the  general  municipal  law,
traffic  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]  NURSING  PROFES-
SIONAL, sanitation enforcement agent or [New York city] sanitation work-
er,  while  such employee is performing an assigned duty on, or directly
related to, the operation of a train  or  bus,  or  such  city  marshal,
school  crossing guard, 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] NURSING PROFESSIONAL, sanitation enforcement agent or  [New  York
city] sanitation worker, is performing an assigned duty.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.