S T A T E O F N E W Y O R K
________________________________________________________________________
8055
I N S E N A T E
March 22, 2018
___________
Introduced by Sen. FUNKE -- 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 the assault of physicians
providing direct patient care
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 267 of the laws of 2016, 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, A PHYSICIAN AS DEFINED IN ARTICLE ONE HUNDRED THIRTY-ONE
OF THE EDUCATION LAW, registered nurse, licensed practical nurse, public
health sanitarian, New York city public health sanitarian, sanitation
enforcement agent, New York city sanitation worker, a firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician 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 hospi-
tal emergency department, a city marshal, a school crossing guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, a traffic enforcement officer, 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 circum-
stances 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, A
PHYSICIAN AS DEFINED IN ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION
LAW, registered nurse, licensed practical nurse, public health sanitari-
an, New York city public health sanitarian, sanitation enforcement
agent, New York city sanitation worker, firefighter, paramedic, techni-
cian, city marshal, school crossing guard appointed pursuant to section
two hundred eight-a of the general municipal law, traffic enforcement
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15171-01-8
S. 8055 2
officer, traffic enforcement agent or employee of an entity governed by
the public service law, he or she causes physical injury to such peace
officer, police officer, prosecutor as defined in subdivision thirty-one
of section 1.20 of the criminal procedure law, A PHYSICIAN AS DEFINED IN
ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, registered nurse,
licensed practical nurse, public health sanitarian, New York city public
health sanitarian, sanitation enforcement agent, New York city sanita-
tion worker, firefighter, paramedic, technician or medical or related
personnel in a hospital emergency department, city marshal, school
crossing guard, traffic enforcement officer, traffic enforcement agent
or employee of an entity governed by the public service law; or
§ 2. Subdivision 3-c of section 120.05 of the penal law, as added by
chapter 423 of the laws of 2015, is amended to read as follows:
3-c. With intent to prevent an employee providing direct patient care,
who is not a nurse pursuant to title eight of the education law, whose
principal employment responsibility is to carry out direct patient care
for one or more patients in any hospital, nursing home, residential
health care facility, general hospital, government agency including any
chronic disease hospital, maternity hospital, outpatient department,
emergency center or surgical center under article twenty-eight of the
public health law OR OTHER SETTING WHERE DIRECT PATIENT CARE IS
PROVIDED, from performing a lawful duty, he or she causes physical inju-
ry to such employee providing direct patient care; or
§ 3. Subdivision 11-c of section 120.05 of the penal law, as added by
chapter 423 of the laws of 2015, is amended to read as follows:
11-c. With intent to cause physical injury to an employee providing
direct patient care, who is not a nurse pursuant to title eight of the
education law, whose principal employment responsibility is to carry out
direct patient care for one or more patients in any hospital, nursing
home, residential health care facility, general hospital, government
agency including any chronic disease hospital, maternity hospital,
outpatient department, emergency center or surgical center under article
twenty-eight of the public health law OR OTHER SETTING WHERE DIRECT
PATIENT CARE IS PROVIDED, he or she causes physical injury to such
employee providing direct patient care while such employee is performing
a lawful duty; or
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
