S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3547
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to assaults on department  of
   sanitation workers and nursing professionals
 
   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 chapter 233 of the laws of 2022, 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] A NURSING PROFESSIONAL INCLUDING NURSE PRAC-
 TITIONER,  CERTIFIED  OR LICENSED nurse PRACTITIONERS, CERTIFIED NURSING
 ASSISTANTS, licensed practical [nurse] NURSES, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 [New York city] sanitation worker, a firefighter, including a firefight-
 er  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 techni-
 cian,  or  medical  or related personnel in a hospital emergency depart-
 ment, 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 or employee of any entity
 governed by the public service law in the course of performing an essen-
 tial service, from performing a lawful duty, by means including  releas-
 ing  or  failing  to  control an animal under circumstances 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]  NURSING PROFESSIONAL, public health
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08186-01-3
              

 A. 3547                             2
 
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent,  [New York city] sanitation worker, firefighter, paramedic,
 technician, 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 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,  [registered
 nurse,  licensed  practical  nurse]  NURSING PROFESSIONAL, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  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;  person  whose
 official  duties  include  the  sale  or  collection of tickets, passes,
 vouchers, or other revenue payment media for use on a train  or  bus  or
 the  collection  or handling of revenues therefrom; a person whose offi-
 cial duties include the maintenance, repair,  inspection,  troubleshoot-
 ing,  testing or cleaning of buses, 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, 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] A NURS-
 ING PROFESSIONAL INCLUDING nurse[,] PRACTITIONERS, OR CERTIFIED licensed
 practical [nurse] NURSES, emergency medical service paramedic, or  emer-
 gency  medical  service  technician, he or she causes physical injury to
 such train operator,  ticket  inspector,  conductor,  signalperson,  bus
 operator,  station  agent,  station  cleaner,  terminal cleaner, station
 customer assistant; person whose official duties  include  the  sale  or
 collection  of  tickets, passes, vouchers or other revenue payment media
 for use on a train or bus or the  collection  or  handling  of  revenues
 therefrom;  a  person  whose  official  duties  include the maintenance,
 repair, inspection, troubleshooting, testing or  cleaning  of  buses,  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, 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, traf-
 fic enforcement agent, prosecutor as defined in  subdivision  thirty-one
 of  section  1.20  of  the  criminal  procedure  law, [registered nurse,
 licensed practical nurse] NURSING PROFESSIONAL, public health  sanitari-
 A. 3547                             3
 
 an,  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 customers, the sale or collection of tickets,  passes,  vouch-
 ers, or other revenue media for use on a train or bus, or maintenance or
 cleaning  of  a train, a bus, 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, or such city marshal, school
 crossing  guard, 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]
 NURSING PROFESSIONAL, public health sanitarian,  New  York  city  public
 health sanitarian, sanitation enforcement agent, [New York city] sanita-
 tion  worker,  emergency medical service paramedic, or emergency medical
 service technician is performing an assigned duty; or
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.