S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4996
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to increasing  the  penalties
   for assault on police officers, peace officers, firefighters and emer-
   gency medical technicians
 
   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,]  prose-
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 nal  procedure  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,
 registered nurse, licensed practical nurse,  public  health  sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation  worker,  firefighter,  paramedic,  technician,

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

                                                            LBD06794-01-1

 A. 4996                             2
 
 city  marshal,  school  crossing guard appointed pursuant to section two
 hundred eight-a of the general municipal law, traffic enforcement  offi-
 cer,  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 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. The penal law is amended by adding a new section 120.05-a to read
 as follows:
 § 120.05-A ASSAULT ON A POLICE OFFICER CAUSING PHYSICAL INJURY.
   A  PERSON  IS  GUILTY  OF ASSAULT ON A POLICE OFFICER CAUSING PHYSICAL
 INJURY WHEN, WITH INTENT TO PREVENT A POLICE OFFICER 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 POLICE OFFICER, HE OR SHE CAUSES
 PHYSICAL INJURY TO SUCH POLICE OFFICER.
   ASSAULT ON A POLICE OFFICER CAUSING PHYSICAL INJURY IS A CLASS C FELO-
 NY.
   § 3. Section 120.08 of the penal law, as amended by chapter 476 of the
 laws of 2018, is amended to read as follows:
 § 120.08 Assault on a peace  officer,  police  officer,  firefighter  or
            emergency medical services professional.
   A  person  is  guilty  of  assault on a peace officer, police officer,
 firefighter or emergency medical services professional when, with intent
 to prevent a peace officer, police officer, 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, or an emergency medical service paramedic or emergency  medical
 service  technician,  from  performing  a  lawful duty, he or she causes
 serious physical injury to such peace  officer,  police  officer,  fire-
 fighter, paramedic or technician.
   Assault  on  a peace officer, police officer, firefighter or emergency
 medical services professional is a class [C] B felony.
   § 4. Section 120.11 of the penal law, as amended by chapter 283 of the
 laws of 1993, is amended to read as follows:
 § 120.11 Aggravated assault upon a police officer or a peace officer.
   A person is guilty of aggravated assault upon a police  officer  or  a
 peace  officer  when,  with intent to cause serious physical injury to a
 person whom he knows or reasonably should know to be a police officer or
 a peace officer engaged in the course of performing his official duties,
 he causes such injury by means of a deadly weapon or  dangerous  instru-
 ment.
   Aggravated assault upon a police officer or a peace officer is a class
 [B] A felony.
   § 5. This act shall take effect immediately.