Bill Text: NY A01034 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to assault of certain persons providing direct patient care in a health care setting; provides that such assault shall be a class D felony.

Spectrum: Slight Partisan Bill (Democrat 23-10)

Status: (Passed) 2015-11-20 - signed chap.423 [A01034 Detail]

Download: New_York-2015-A01034-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1034--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced  by  M. of A. GUNTHER, LAVINE, ORTIZ, TITONE, CRESPO, HOOPER,
         CLARK, JAFFEE, BRINDISI, RYAN, SKOUFIS, LUPARDO,  SCHIMMINGER,  ROBIN-
         SON,  SCHIMEL, MILLER, FAHY, SANTABARBARA, MONTESANO, WALTER -- Multi-
         Sponsored by -- M. of A. ARROYO, CORWIN, DUPREY, FINCH, GALEF, HAWLEY,
         LUPINACCI, MAGEE, MALLIOTAKIS, RAIA, RAMOS, RIVERA, SALADINO  --  read
         once  and  referred to the Committee on Codes -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       AN ACT to amend the penal law, in relation to assault of certain persons
         providing direct patient care
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 120.05 of the penal law is amended  by  adding  two
    2  new subdivisions 3-c and 11-c to read as follows:
    3    3-C.  WITH  INTENT  TO  PREVENT AN   EMPLOYEE PROVIDING DIRECT PATIENT
    4  CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE  EDUCATION  LAW,
    5  WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT
    6  CARE FOR ONE OR MORE PATIENTS IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL
    7  HEALTH  CARE FACILITY, GENERAL HOSPITAL, GOVERNMENT AGENCY INCLUDING ANY
    8  CHRONIC DISEASE HOSPITAL,  MATERNITY  HOSPITAL,  OUTPATIENT  DEPARTMENT,
    9  EMERGENCY  CENTER  OR  SURGICAL CENTER UNDER ARTICLE TWENTY-EIGHT OF THE
   10  PUBLIC HEALTH LAW, FROM PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES PHYS-
   11  ICAL INJURY TO SUCH EMPLOYEE PROVIDING DIRECT PATIENT CARE; OR
   12    11-C.  WITH INTENT TO CAUSE PHYSICAL INJURY TO AN  EMPLOYEE  PROVIDING
   13  DIRECT  PATIENT  CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE
   14  EDUCATION LAW, WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT
   15  DIRECT PATIENT CARE FOR ONE OR MORE PATIENTS IN  ANY  HOSPITAL,  NURSING
   16  HOME,  RESIDENTIAL  HEALTH  CARE  FACILITY, GENERAL HOSPITAL, GOVERNMENT
   17  AGENCY INCLUDING  ANY  CHRONIC  DISEASE  HOSPITAL,  MATERNITY  HOSPITAL,
   18  OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE
   19  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW, HE OR SHE CAUSES PHYSICAL INJURY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01613-02-5
       A. 1034--A                          2
    1  TO SUCH EMPLOYEE PROVIDING DIRECT PATIENT CARE WHILE  SUCH  EMPLOYEE  IS
    2  PERFORMING A LAWFUL DUTY; OR
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.