Bill Text: NY A09011 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Elevates assault of a utility worker in the second degree to a class D felony; includes an employee of an entity governed by the public service law within such provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-03-06 - referred to codes [A09011 Detail]

Download: New_York-2013-A09011-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9011
                                 I N  A S S E M B L Y
                                     March 6, 2014
                                      ___________
       Introduced  by  M.  of A. MOYA, HEASTIE -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to elevating an assault of  a
         utility worker in the second degree to a class D felony
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of  section  120.05  of  the  penal  law,  as
    2  amended  by  chapter  259  of  the  laws  of 2013, is amended to read as
    3  follows:
    4    3. With intent to prevent a peace officer, a police officer,  prosecu-
    5  tor as defined in subdivision thirty-one of section 1.20 of the criminal
    6  procedure  law,  registered  nurse, licensed practical nurse, sanitation
    7  enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
    8  including a firefighter acting as a paramedic or emergency medical tech-
    9  nician  administering  first aid in the course of performance of duty as
   10  such firefighter, an emergency medical service  paramedic  or  emergency
   11  medical  service technician, or medical or related personnel in a hospi-
   12  tal emergency department, a city marshal, a traffic enforcement  officer
   13  [or],  traffic  enforcement  agent OR EMPLOYEE OF ANY ENTITY GOVERNED BY
   14  THE PUBLIC SERVICE LAW IN THE COURSE OF PERFORMING AN ESSENTIAL SERVICE,
   15  from performing a lawful duty, by means including releasing  or  failing
   16  to  control  an  animal  under circumstances evincing the actor's intent
   17  that the animal obstruct the lawful  activity  of  such  peace  officer,
   18  police  officer,  prosecutor  as  defined  in  subdivision thirty-one of
   19  section 1.20 of the criminal procedure law, registered  nurse,  licensed
   20  practical  nurse, sanitation enforcement agent, New York city sanitation
   21  worker,  firefighter,  paramedic,  technician,  city  marshal,   traffic
   22  enforcement officer or traffic enforcement agent, he or she causes phys-
   23  ical injury to such peace officer, police officer, prosecutor as defined
   24  in subdivision thirty-one of section 1.20 of the criminal procedure law,
   25  registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
   26  agent, New York city sanitation worker, firefighter, paramedic,  techni-
   27  cian or medical or related personnel in a hospital emergency department,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11655-02-4
       A. 9011                             2
    1  city  marshal,  traffic  enforcement  officer  [or], traffic enforcement
    2  agent OR EMPLOYEE OF AN ENTITY GOVERNED BY THE PUBLIC SERVICE LAW; 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.