S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6087
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, HUNTER, GALEF, STECK, STIRPE, BUTTENS-
   CHON,  BYRNE, NORRIS, B. MILLER, MANKTELOW, DeSTEFANO, SALKA -- Multi-
   Sponsored by -- M. of A.  ENGLEBRIGHT,  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-

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

                                                            LBD03983-01-1

 A. 6087                             2
 
 ING CONSTRUCTION AND FIRE PREVENTION IN A MANNER THAT IMPEDES A PERSON'S
 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.