Establishes a person who intentionally obstructs the efforts of any firefighter performing emergency medical care on a sick or injured person is guilty of the crime of obstructing firefighting operations.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Diaz
TITLE OF BILL: An act to amend the penal law, in relation to the crime of obstructing firefighting operations
PURPOSE: To add that individuals who obstruct a firefighter from performing emergency medical care shall be guilty of the crime of obstructing a fire fighting operation, a class A misdemeanor.
SUMMARY OF PROVISIONS: Amends Section 195.15 of the penal law to add language stating that by obstructing a firefighter who is performing emergency services you are guilty of a class A misdemeanor.
JUSTIFICATION: Firefighters perform various important functions in their day to day routine, The law affords them special protection while in performance of these duties. However, a loophole does exist that does not adequately protect a firefighter who is performing emergency services. An example occurred in the City of Rochester where a fire company was responding to an EMS call and was performing Emergency Medical Care on a victim in their place of residence. An onlooker became physically agitated and attacked these fire fighters who were treating the victim. The local police could not charge the individual under Section 195.15 and he was charged under a different section of law.
LEGISLATIVE HISTORY: S.241/A.2821 of 2011/2012; Referred to Codes S.1450/A.1242 of 2009/2010; Referred to Codes S.500/A.5582 of 2007/2008; Passed Senate S.691 of 2005/2005; Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: November next succeeding the date it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1058 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. MAZIARZ, GALLIVAN, GOLDEN, LITTLE -- 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 the crime of obstructing firefighting operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 195.15 of the penal law, as amended by chapter 731 of the laws of 1981, is amended to read as follows: S 195.15 Obstructing firefighting operations. A person is guilty of obstructing firefighting operations when he OR SHE intentionally and unreasonably obstructs the efforts of any: 1.
[fireman]FIREFIGHTER in extinguishing a fire, or prevents or dissuades another from extinguishing or helping to extinguish a fire; [or]2. [fireman]FIREFIGHTER, police officer or peace officer in perform- ing his OR HER duties in circumstances involving an imminent danger created by an explosion, threat of explosion or the presence of toxic fumes or gases; OR 3. FIREFIGHTER PERFORMING EMERGENCY MEDICAL CARE ON A SICK OR INJURED PERSON. Obstructing firefighting operations is a class A misdemeanor. 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02089-01-3