S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10452
 
                           I N  A S S E M B L Y
 
                               May 24, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal  law,  in  relation  to  assaults  on  medical
   providers and employees and volunteers of hospitals
 
   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,
 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
 sion  11  as amended by section 2 of part z of chapter 55 of the laws of
 2024, 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  nurse, licensed practical nurse,] A PHYSI-
 CIAN, A PHYSICIAN ASSISTANT, A HEALTH  CARE  PROVIDER,  A  PRIMARY  CARE
 PRACTITIONER  OR PRIMARY CARE PHYSICIAN, A NURSE OR NURSING PROFESSIONAL
 INCLUDING A REGISTERED NURSE, NURSE PRACTITIONER, CERTIFIED OR  LICENSED
 NURSE PRACTITIONER, A CERTIFIED NURSING ASSISTANT, OR A LICENSED PRACTI-
 CAL  NURSE,  AMBULANCE  PERSONNEL, A DIRECTOR OF A HOSPITAL OR A MEDICAL
 DIRECTOR, EMPLOYEE, ATTENDANT, AGENT  OR  VOLUNTEER  OF  A  HOSPITAL  AS
 DEFINED  IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, A
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  enforcement agent, New York city sanitation worker, a firefight-
 er, 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15676-01-4
 A. 10452                            2
 
 subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
 [registered  nurse,  licensed  practical  nurse,]  PHYSICIAN,  PHYSICIAN
 ASSISTANT,  HEALTH  CARE  PROVIDER, PRIMARY CARE PRACTITIONER OR PRIMARY
 CARE  PHYSICIAN,  A NURSE OR NURSING PROFESSIONAL INCLUDING A REGISTERED
 NURSE, NURSE PRACTITIONER, CERTIFIED OR LICENSED NURSE  PRACTITIONER,  A
 CERTIFIED  NURSING  ASSISTANT,  OR A LICENSED PRACTICAL NURSE, AMBULANCE
 PERSONNEL, A DIRECTOR OF A HOSPITAL OR  A  MEDICAL  DIRECTOR,  EMPLOYEE,
 ATTENDANT,  AGENT OR VOLUNTEER OF A HOSPITAL AS DEFINED IN SECTION TWEN-
 TY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, A 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
 officer, traffic enforcement agent or employee of an entity governed  by
 the  public  service law, [he or she] SUCH PERSON causes physical injury
 to such peace officer, police officer, prosecutor as defined in subdivi-
 sion thirty-one of section 1.20 of the criminal procedure  law,  [regis-
 tered  nurse, licensed practical nurse,] PHYSICIAN, PHYSICIAN ASSISTANT,
 HEALTH CARE PROVIDER, PRIMARY CARE PRACTITIONER OR PRIMARY  CARE  PHYSI-
 CIAN,  A  NURSE  OR  NURSING  PROFESSIONAL INCLUDING A REGISTERED NURSE,
 NURSE PRACTITIONER, CERTIFIED OR LICENSED NURSE PRACTITIONER,  A  CERTI-
 FIED NURSING ASSISTANT, OR A LICENSED PRACTICAL NURSE, AMBULANCE PERSON-
 NEL,  A  DIRECTOR OF A HOSPITAL OR A MEDICAL DIRECTOR, EMPLOYEE, ATTEND-
 ANT, AGENT OR VOLUNTEER OF A HOSPITAL AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE OF THE PUBLIC HEALTH LAW, A public  health  sanitarian,  New
 York  city  public  health sanitarian, 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,  traffic
 enforcement  agent  or  employee  of  an  entity  governed by the public
 service law; or
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner,  terminal cleaner, station customer assistant, traffic checker;
 person whose official duties include the sale or collection of  tickets,
 passes,  vouchers,  or  other  revenue payment media for use on a train,
 bus, or ferry the collection or handling of revenues therefrom; a person
 whose official duties include the maintenance, repair, inspection, trou-
 bleshooting, testing or cleaning of buses or ferries, a  transit  signal
 system,  elevated  or  underground subway tracks, transit station struc-
 ture, including fare equipment, escalators, elevators and  other  equip-
 ment  necessary  to passenger service, commuter rail tracks or stations,
 train yard, revenue train in passenger service, a ferry  station,  or  a
 train  or  bus  station  or terminal; or a supervisor of such personnel,
 employed by any transit or commuter rail 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, public health sanitarian, New York city public health
 sanitarian, [registered nurse,  licensed  practical  nurse,]  PHYSICIAN,
 PHYSICIAN  ASSISTANT, HEALTH CARE PROVIDER, PRIMARY CARE PRACTITIONER OR
 PRIMARY CARE PHYSICIAN, A NURSE  OR  NURSING  PROFESSIONAL  INCLUDING  A
 REGISTERED  NURSE, NURSE PRACTITIONER, CERTIFIED OR LICENSED NURSE PRAC-
 A. 10452                            3
 
 TITIONER, A CERTIFIED NURSING ASSISTANT, OR A LICENSED PRACTICAL  NURSE,
 AMBULANCE  PERSONNEL,  A  DIRECTOR  OF A HOSPITAL OR A MEDICAL DIRECTOR,
 EMPLOYEE, ATTENDANT, AGENT OR VOLUNTEER OF  A  HOSPITAL  AS  DEFINED  IN
 SECTION  TWENTY-EIGHT  HUNDRED  ONE  OF THE PUBLIC HEALTH LAW, emergency
 medical service paramedic, or emergency medical service technician,  [he
 or she] SUCH PERSON causes physical injury to such train operator, tick-
 et  inspector,  conductor,  signalperson,  bus  operator, station agent,
 station cleaner, terminal cleaner, station customer  assistant,  traffic
 checker;  person whose official duties include the sale or collection of
 tickets, passes, vouchers or other revenue payment media for  use  on  a
 train,  bus,  or  ferry or the collection or handling of revenues there-
 from; a person whose official duties include  the  maintenance,  repair,
 inspection,  troubleshooting, testing or cleaning of buses or ferries, a
 transit signal system, elevated or underground  subway  tracks,  transit
 station  structure,  including fare equipment, escalators, elevators and
 other equipment necessary to passenger service, commuter rail tracks  or
 stations,  train  yard,  revenue  train  in  passenger  service, a ferry
 station, or a train or bus station or terminal; or a supervisor of  such
 personnel,  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 procedure law,
 [registered  nurse,  licensed  practical  nurse,]  PHYSICIAN,  PHYSICIAN
 ASSISTANT,  HEALTH  CARE  PROVIDER, PRIMARY CARE PRACTITIONER OR PRIMARY
 CARE PHYSICIAN, A NURSE OR NURSING PROFESSIONAL INCLUDING  A  REGISTERED
 NURSE,  NURSE  PRACTITIONER, CERTIFIED OR LICENSED NURSE PRACTITIONER, A
 CERTIFIED NURSING ASSISTANT, OR A LICENSED  PRACTICAL  NURSE,  AMBULANCE
 PERSONNEL,  A  DIRECTOR  OF  A HOSPITAL OR A MEDICAL DIRECTOR, EMPLOYEE,
 ATTENDANT, AGENT OR VOLUNTEER OF A HOSPITAL AS DEFINED IN SECTION  TWEN-
 TY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, public health sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician, while such employee is  performing
 an assigned duty on, or directly related to, the operation of a train or
 bus,  cleaning  of a train or bus station or terminal, assisting custom-
 ers, checking traffic, the sale or collection of tickets, passes, vouch-
 ers, or other revenue media for use on a train, bus, or ferry or mainte-
 nance or cleaning of a  train,  a  bus,  a  ferry,  or  bus  station  or
 terminal,  signal system, elevated or underground subway tracks, transit
 station structure, including fare equipment, escalators,  elevators  and
 other  equipment necessary to passenger service, commuter rail tracks or
 stations, train yard or revenue train  in  passenger  service,  a  ferry
 station,  or  such city marshal, school crossing guard, traffic enforce-
 ment officer, traffic enforcement agent, prosecutor as defined in subdi-
 vision thirty-one of section 1.20 of the criminal procedure law, [regis-
 tered nurse, licensed practical nurse,] PHYSICIAN, PHYSICIAN  ASSISTANT,
 HEALTH  CARE  PROVIDER, PRIMARY CARE PRACTITIONER OR PRIMARY CARE PHYSI-
 CIAN, A NURSE OR NURSING  PROFESSIONAL  INCLUDING  A  REGISTERED  NURSE,
 NURSE  PRACTITIONER,  CERTIFIED OR LICENSED NURSE PRACTITIONER, A CERTI-
 FIED NURSING ASSISTANT, OR A LICENSED PRACTICAL NURSE, AMBULANCE PERSON-
 NEL, A DIRECTOR OF A HOSPITAL OR A MEDICAL DIRECTOR,  EMPLOYEE,  ATTEND-
 ANT, AGENT OR VOLUNTEER OF A HOSPITAL AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE OF THE PUBLIC HEALTH LAW, public health sanitarian, New York
 city  public  health  sanitarian, sanitation enforcement agent, New York
 city sanitation worker, emergency medical service paramedic, or emergen-
 cy medical service technician is performing an assigned duty; or
 A. 10452                            4
 
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become a law; provided, however that the amendments to subdivision
 11 of section 120.05 of the penal law made by section one  of  this  act
 take effect on the same date and in the same manner as section 2 of part
 Z of chapter 55 of the laws of 2024 take effect.