Bill S1467A-2013

Makes an assault of emergency department personnel while such employee is performing an assigned duty in, or directly related to, such hospital emergency department a felony

Makes an assault of emergency department personnel while such employee is performing an assigned duty in, or directly related to such hospital emergency department, a felony.

Details

Actions

  • Feb 10, 2014: PRINT NUMBER 1467A
  • Feb 10, 2014: AMEND AND RECOMMIT TO CODES
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1467A

TITLE OF BILL: An act to amend the penal law, in relation to an assault of emergency department personnel while such employee is performing an assigned duty in, or directly related to such hospital emergency department

SUMMARY OF PROVISIONS:

Section 1: Sets out legislative findings.

Section 2: Subdivision 11 of section 120.05 of the penal law, as separately amended by chapter 259 of the laws of 2013, is amended to read as follows: with intent to cause physical injury to a train operator, ticket inspector, conductor, signal person, 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 enforcement agent or sanitation enforcement agent, registered nurse or licensed practical nurse, technician or medical or related personnel in a hospital emergency department while such employee is performing an assigned duty in, or directly related to such hospital emergency department he or she causes physical injury to such train operator, ticket inspector, conductor, signal person, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse or sanitation enforcement agent, 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 or sanitation enforcement agent is performing an assigned duty or technician or medical or related personnel in a hospital emergency department while such employee is performing an assigned duty in, or directly related to such hospital emergency department.

Section 3: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXISTING LAW:

Subdivision 3 of section 120.05 of the penal law, as amended by chapter 259 of the laws of 2013.

JUSTIFICATION:

Laws protecting Emergency Department personnel vary widely by state. The concern is that our current New York State law does not go far enough to address the problem of assaults on healthcare workers and that the current law should be amended.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

On the same date and in the same manner in which Ch. 259 of the laws of 2013 takes effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 1467--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to an assault of emergency department personnel while such employee is performing an assigned duty in, or directly related to such hospital emergency department 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 PERFORMING ANY PROFESSIONAL-RELATED DUTIES, a city marshal, a traffic enforcement officer or traffic enforcement 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, 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 WHILE SUCH EMPLOYEE IS PERFORMING AN ASSIGNED DUTY IN, OR DIRECTLY RELATED TO SUCH HOSPITAL EMERGENCY DEPARTMENT, city marshal, traffic enforcement officer or traffic enforcement agent; or S 2. Subdivision 11 of section 120.05 of the penal law, as amended by chapter 259 of the laws of 2013, is amended to read as follows: 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, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, registered nurse or licensed practical nurse, TECHNICIAN OR MEDICAL OR RELATED PERSONNEL IN A HOSPI- TAL EMERGENCY DEPARTMENT WHILE SUCH EMPLOYEE IS PERFORMING AN ASSIGNED DUTY IN, OR DIRECTLY RELATED TO SUCH HOSPITAL EMERGENCY DEPARTMENT he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal proce- dure law, registered nurse, licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, while such employ- ee is performing an assigned duty on, or directly related to, the opera- tion of a train or bus, or such city marshal, traffic enforcement offi- cer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, is performing an assigned duty OR TECHNI- CIAN OR MEDICAL OR RELATED PERSONNEL IN A HOSPITAL EMERGENCY DEPARTMENT WHILE SUCH EMPLOYEE IS PERFORMING AN ASSIGNED DUTY IN, OR DIRECTLY RELATED TO SUCH HOSPITAL EMERGENCY DEPARTMENT. S 3. This act shall take effect on the same date and in the same manner as chapter 259 of the laws of 2013, takes effect.

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