This bill has been amended

Bill S1089-2013

Relates to assault of certain persons providing direct patient care

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1089

TITLE OF BILL: An act to amend the penal law, in relation to assault of certain persons providing direct patient care

PURPOSE OF GENERAL IDEA OF BILL: To classify assault on a person providing direct patient care as an assault in the second degree under section 120.05 of the Penal law.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends Subdivisions 3 and 11 of section 120.05 of the penal law to include assaults on persons providing direct patient care. A person providing direct patient care is defined as any direct-care staff who is not a nurse pursuant to title eight of the education law whose principal responsibility is to carry out direct patient care for one or more patients in a variety of health care settings.

JUSTIFICATION: Current law provides the protections afforded in this bill to a variety of professions, ranging from registered nurses to firefighters, emergency medical technicians and even sanitation enforcement agents. This bill seeks to apply the same standards to direct care staff in a health care setting. This proposal is consistent with the current inclusion of nurses, and will lead to greater protections for health care workers that have to deal with difficult conditions and patient related issues day in and day out.

PRIOR LEGISLATIVE HISTORY: S4937/A7577 of 2011-12; Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1089 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MAZIARZ -- 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 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: Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, as amended by chapter 377 of the laws of 2012, are amended to read as follows: 3. With intent to prevent a peace officer, a police officer, regis- tered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service techni- cian, or medical or related personnel in a hospital emergency depart- ment, a city marshal, a traffic enforcement officer or traffic enforce- ment agent, 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 offi- cer, police officer, registered nurse, licensed practical nurse, sanita- tion enforcement agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, traffic enforcement officer or traffic enforcement agent, he or she causes physical injury to such peace officer, police officer, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer or traffic enforcement agent, OR TO ANY DIRECT-CARE STAFF WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHOSE PRINCIPAL
RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE PATIENTS OR PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL HOSPITAL, GOVERNMENT AGENCY INCLUDING ANY CHRONIC DISEASE HOSPITAL, MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND SHALL ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE EXECUTIVE LAW OR THE CORRECTION LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPO- RATION; or 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator or station agent employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a traffic enforcement officer, traffic enforcement agent, sanitation enforcement agent, New York city sanita- tion worker, registered nurse or licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conduc- tor, signalperson, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, or such city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, OR ANY DIRECT-CARE STAFF WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHOSE PRIN- CIPAL RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE PATIENTS OR PROVIDES DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL HOSPITAL, GOVERNMENT AGENCY INCLUDING ANY CHRONIC DISEASE HOSPITAL, MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND SHALL ALSO INCLUDE ANY FACILITY THAT PROVIDES HEALTH CARE SERVICES PURSUANT TO THE MENTAL HYGIENE LAW, ARTICLE NINETEEN-G OF THE EXECUTIVE LAW OR THE CORRECTION LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPO- RATION, WHO, is performing an assigned duty. 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus