Bill Text: NY A10174 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes the crimes of reckless endangerment of a peace officer, police officer, firefighter or emergency medical services professional in the first and second degrees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-08-20 - referred to codes [A10174 Detail]

Download: New_York-2013-A10174-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10174
                                 I N  A S S E M B L Y
                                    August 20, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
         -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to establishing the crimes of
         reckless endangerment of a peace officer, police officer,  firefighter
         or  emergency  medical  services  professional in the first and second
         degrees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 120.26 to
    2  read as follows:
    3  S 120.26 RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER, FIRE-
    4             FIGHTER OR EMERGENCY MEDICAL  SERVICES  PROFESSIONAL  IN  THE
    5             SECOND DEGREE.
    6    A PERSON IS GUILTY OF RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE
    7  OFFICER,  FIREFIGHTER  OR EMERGENCY MEDICAL SERVICES PROFESSIONAL IN THE
    8  SECOND DEGREE WHEN, KNOWING THAT A BUILDING PERMIT IS REQUIRED AND  WITH
    9  KNOWLEDGE  THAT  SUCH  PERMIT HAS NOT BEEN OBTAINED, HE OR SHE KNOWINGLY
   10  ALTERS, CONVERTS, ENCLOSES, SUBDIVIDES OR  PARTITIONS  ANY  BUILDING  OR
   11  STRUCTURE IN VIOLATION OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
   12  BUILDING  CODE  OR ANY OTHER PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
   13  ORDINANCE, ADMINISTRATIVE CODE, RULE OR REGULATION ADDRESSING  STANDARDS
   14  FOR  BUILDING  CONSTRUCTION  AND FIRE PREVENTION AND DURING SUCH FIRE OR
   15  OTHER EMERGENCY EVACUATION SUCH CONDUCT CREATES A  SUBSTANTIAL  RISK  OF
   16  SERIOUS  PHYSICAL INJURY TO A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER
   17  OR EMERGENCY MEDICAL SERVICES PROFESSIONAL.
   18    RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER,  FIREFIGHTER
   19  OR  EMERGENCY  MEDICAL  SERVICES  PROFESSIONAL IN THE SECOND DEGREE IS A
   20  CLASS A MISDEMEANOR.
   21    S 2. The penal law is amended by adding a new section 120.27  to  read
   22  as follows:
   23  S 120.27 RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER, FIRE-
   24             FIGHTER  OR  EMERGENCY  MEDICAL  SERVICES PROFESSIONAL IN THE
   25             FIRST DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15626-01-4
       A. 10174                            2
    1    A PERSON IS GUILTY OF RECKLESS ENDANGERMENT OF A PEACE OFFICER, POLICE
    2  OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL SERVICES PROFESSIONAL  IN  THE
    3  FIRST  DEGREE  WHEN HE OR SHE COMMITS THE CRIME OF RECKLESS ENDANGERMENT
    4  OF A PEACE OFFICER, POLICE OFFICER,  FIREFIGHTER  OR  EMERGENCY  MEDICAL
    5  SERVICES PROFESSIONAL IN THE SECOND DEGREE AND:
    6    1. DURING SUCH FIRE OR OTHER EMERGENCY EVACUATION SUCH CONDUCT CREATES
    7  A GRAVE RISK OF DEATH TO A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER OR
    8  EMERGENCY MEDICAL SERVICES PROFESSIONAL AND SUCH PERSON SUSTAINS A PHYS-
    9  ICAL INJURY; OR
   10    2. HAS PREVIOUSLY BEEN CONVICTED WITHIN THE LAST TEN YEARS OF RECKLESS
   11  ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER OR EMERGEN-
   12  CY MEDICAL SERVICES PROFESSIONAL IN THE FIRST OR SECOND DEGREE.
   13    RECKLESS  ENDANGERMENT OF A PEACE OFFICER, POLICE OFFICER, FIREFIGHTER
   14  OR EMERGENCY MEDICAL SERVICES PROFESSIONAL IN  THE  FIRST  DEGREE  IS  A
   15  CLASS E FELONY.
   16    S 3. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.