S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1691
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, JAFFEE, SKOUFIS, HOOPER, CURRAN, LUPI-
   NACCI,  HARRIS,  HUNTER -- Multi-Sponsored by -- M. of A. McDONOUGH --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the  offenses
   of  reckless  endangerment of an emergency service person in the first
   degree and reckless endangerment of an emergency service person in the
   second degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  penal  law  is  amended by adding three new sections
 120.26, 120.27 and 120.28 to read as follows:
 § 120.26 DEFINITIONS.
   FOR THE PURPOSES OF SECTIONS 120.27 AND 120.28 OF THIS ARTICLE, "EMER-
 GENCY SERVICE PERSON" SHALL MEAN ANY OF THE FOLLOWING PERSONS:
   1. A FIREFIGHTER;
   2. A POLICE OFFICER;
   3. A PEACE OFFICER;
   4. AN EMERGENCY SERVICES PROFESSIONAL;
   5. A CODE ENFORCEMENT OFFICER;
   6. A FIRE INSPECTION PERSONNEL; OR
   7. A BUILDING INSPECTOR.
 § 120.27 RECKLESS ENDANGERMENT OF AN EMERGENCY  SERVICE  PERSON  IN  THE
            SECOND DEGREE.
   A  PERSON  IS  GUILTY OF RECKLESS ENDANGERMENT OF AN EMERGENCY SERVICE
 PERSON IN THE SECOND DEGREE 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  BUILD-
 ING CONSTRUCTION AND FIRE PREVENTION IN A MANNER THAT IMPEDES A PERSON'S

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

                                                            LBD01798-01-7

 A. 1691                             2
 
 EGRESS  AND DURING A FIRE OR OTHER EMERGENCY EVACUATION AND SUCH CONDUCT
 RESULTS IN THE INJURY OF AN EMERGENCY SERVICE PERSON.
   RECKLESS  ENDANGERMENT  OF  AN  EMERGENCY SERVICE PERSON IN THE SECOND
 DEGREE IS A CLASS E FELONY.
 § 120.28 RECKLESS ENDANGERMENT OF AN EMERGENCY  SERVICE  PERSON  IN  THE
            FIRST DEGREE.
   A  PERSON  IS  GUILTY OF RECKLESS ENDANGERMENT OF AN EMERGENCY SERVICE
 PERSON IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF  RECKLESS
 ENDANGERMENT OF AN EMERGENCY SERVICE PERSON IN THE SECOND DEGREE AND:
   1. DURING SUCH FIRE OR OTHER EMERGENCY EVACUATION SUCH CONDUCT RESULTS
 IN THE DEATH OF AN EMERGENCY SERVICE PERSON; OR
   2. HAS PREVIOUSLY BEEN CONVICTED WITHIN THE LAST TEN YEARS OF RECKLESS
 ENDANGERMENT  OF  AN  EMERGENCY  SERVICE  PERSON  IN THE FIRST OR SECOND
 DEGREE.
   RECKLESS ENDANGERMENT OF AN EMERGENCY  SERVICE  PERSON  IN  THE  FIRST
 DEGREE IS A CLASS D FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.