Bill Text: NY S03458 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the offenses of reckless endangerment of an emergency service person in the first and second degrees.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S03458 Detail]

Download: New_York-2023-S03458-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3458

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sens.  SKOUFIS, HINCHEY, MAYER -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes

        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

          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 three new sections
     2  120.26, 120.27 and 120.28 to read as follows:
     3  § 120.26 Definitions.
     4    For the purposes of sections 120.27 and 120.28 of this article, "emer-
     5  gency service person" shall mean any of the following persons:
     6    1. a firefighter;
     7    2. a police officer;
     8    3. a peace officer;
     9    4. an emergency services professional;
    10    5. a code enforcement officer;
    11    6. a fire inspection personnel; or
    12    7. a building inspector.
    13  § 120.27 Reckless endangerment of an emergency  service  person  in  the
    14             second degree.
    15    A  person  is  guilty of reckless endangerment of an emergency service
    16  person in the second degree when, knowing  that  a  building  permit  is
    17  required  and without obtaining such permit, he or she alters, converts,
    18  encloses,  subdivides  or  partitions  any  building  or  structure   in
    19  violation  of  the  New  York state uniform fire prevention and building
    20  code or any other provision of general, special or local law, ordinance,
    21  administrative code, rule or regulation addressing standards for  build-
    22  ing construction and fire prevention in a manner that impedes a person's

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06605-01-3
        S. 3458                             2

     1  egress  and during a fire or other emergency evacuation and such conduct
     2  results in the injury of an emergency service person.
     3    Reckless  endangerment  of  an  emergency service person in the second
     4  degree is a class E felony.
     5  § 120.28 Reckless endangerment of an emergency  service  person  in  the
     6             first degree.
     7    A  person  is  guilty of reckless endangerment of an emergency service
     8  person in the first degree when he or she commits the crime of  reckless
     9  endangerment of an emergency service person in the second degree and:
    10    1. during such fire or other emergency evacuation such conduct results
    11  in the death of an emergency service person; or
    12    2. has previously been convicted within the last ten years of reckless
    13  endangerment  of  an  emergency  service  person  in the first or second
    14  degree.
    15    Reckless endangerment of an emergency  service  person  in  the  first
    16  degree is a class D felony.
    17    § 2. This act shall take effect on the first of November next succeed-
    18  ing the date on which it shall have become a law.