Bill A9011-2013

Elevates assault of a utility worker in the second degree to a class D felony

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.

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  • Mar 6, 2014: referred to codes

Text

STATE OF NEW YORK ________________________________________________________________________ 9011 IN ASSEMBLY 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: Section 1. Subdivision 3 of section 120.05 of the penal law, as amended by chapter 259 of the laws of 2013, is amended to read as follows: 3. With intent to prevent a peace officer, a police officer, prosecu- tor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical tech- nician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospi- tal emergency department, a city marshal, a traffic enforcement officer [or], traffic enforcement agent OR EMPLOYEE OF ANY ENTITY GOVERNED BY THE PUBLIC SERVICE LAW IN THE COURSE OF PERFORMING AN ESSENTIAL SERVICE, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, traffic enforcement officer or traffic enforcement agent, he or she causes phys- ical injury to such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, techni- cian or medical or related personnel in a hospital emergency department,
city marshal, traffic enforcement officer [or], traffic enforcement agent OR EMPLOYEE OF AN ENTITY GOVERNED BY THE PUBLIC SERVICE LAW; or S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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