BILL NUMBER: S3458

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To create the new crimes of reckless endangerment of a peace officer,
police officer, firefighter or emergency medical services professional
in the first and second degrees.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the penal law by adding a new section
120.26 as it relates to creating the crime of reckless endangerment of
an emergency service person in the second degree. A person is guilty of
reckless endangerment when they knowingly alter or convert a building
              

that impedes egress and an emergency service person is injured as a
result. Reckless endangerment of an emergency service person in the
second degree is a class E felony.

Section 2 of the bill amends the penal law by adding a new section
120.28 as it relates to creating the crime of reckless endangerment of
an emergency service person in the first degree. A person is guilty of
reckless endangerment when they knowingly alter or convert a building
that impedes egress and such conduct results in the death of an emergen-
cy service person. A person who is a repeat offender of reckless endan-
germent of an emergency service person would also be guilty. Reckless
endangerment of an emergency service person in the second degree is a
class D felony.

Section 3 of the bill relates to the effective date.

 
JUSTIFICATION:

Building codes exist to ensure that residents, and particularly first
responders and emergency personnel, are protected from the dangers posed
by fire and inferior construction methods. While responding to any emer-
gency is dangerous, this is particularly so when a building has been
illegally altered, usually to make room for more occupants.  Firefight-
ers and other first responders are put at significant risk when they
enter a structure anticipating a certain layout and instead must navi-
gate around with walls that, don't belong, narrow passageways, blocked
entrances or exits, or other structural changes; all while battling
smoke and flames.

Far too often, these situations result in serious injury to, or even the
death of, firefighters or other emergency personnel. This is exactly
what happened on a January morning in 2005 in the Bronx, where an apart-
ment fire turned into a deathtrap for several firefighters. Six New York
City firefighters were forced to jump from a fourth floor window after
they were trapped in the apartment by illegally constructed walls.
Sadly, two firefighters were killed and several more were severely
injured. While the building's owner and former were initially convicted
of criminally negligent homicide, these convictions were overturned by a
judge who ruled there was no evidence that they knew the apartments had
been illegally converted.  More recently, in 2011, firefighters in
Haverstraw, Rockland County, entered a smoke-filled single-family home
and were confronted with its illegal conversion to a rooming house. A
disoriented volunteer firefighter was running out of air and had to
issue a may day call to his fellow firefighters, who had to use a ther-
mal imaging device to locate him in the home. Thankfully, he was found
in time. The owner of the home had been served with a code violation
just two weeks prior to the fire. Illegally altered or subdivided struc-
tures can have very serious consequences for the occupants of these
structures and particularly the first responders who might be called
there in an emergency.

Our first responders provide an invaluable service in keeping us safe
and assisting us in emergencies, and when an unscrupulous individual
directly places their health and safety at risk for the sake of their
own profits they should be held accountable in the event that their
illegal conduct results in injury or death to a firefighter or other
emergency services personnel.

 
LEGISLATIVE HISTORY:

Senate

2021-22 - S6264, Referred to Codes

Assembly

2021-22 - A6087, Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.