Bill S2888-2013

Relates to the assault of certain public agents while in the performance of their duties

Provides that an assault on certain public agents while in the performance of their duties shall be second degree assault regardless of whether or not the injury was a serious physical injury.

Details

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 24, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2888

TITLE OF BILL: An act to amend the penal law, in relation to the assault of certain public agents while in the performance of their duties

PURPOSE: The purpose of this bill is to clarify that causing physical injury to a police officer, a registered nurse, or any other member of the other groups listed in Section 120.05, is assault in the second degree regardless of whether the injury caused is a serious physical injury

SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 3 of Penal Law Section 120.05 to provide that causing physical injury to a police officer, registered nurse, or any of the other groups listed in Section 120.05 is assault in the second degree irrespective of whether the injury caused is a serious physical injury.

Section 2 establishes the effective date.

EXISTING LAW: Current law does not explicitly require that the injury described in Penal Law Section 120.05(3) amount to serious physical injury, but other subdivisions in this Section do so require.

JUSTIFICATION: The assault of a police officers, emergency medical technicians, and the other groups listed in Penal Law Section 120.05(3) is a serious crime, and is treated as such by current law, under which such assault constitutes assault in the second degree--a class D felony. Many of the specific offenses listed in Section 120.05 of the Penal Law as assault in the second degree require that the assault cause "serious physical injury," which is defined in Penal Law Section 10.00 as "physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ."

While Section 120.05(3) does not explicitly require that the assault cause serious physical injury, its silence on this issue-as well as the use of this requirement in other subdivisions of Section 120.05-raise the question of whether an assailant must meet this strict definitional requirement to be charged with second degree assault. To ensure that such individuals are charged appropriately and consistently, it is necessary to clarify Penal Law Section 120.05(3) in the manner described in this bill.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2888 2013-2014 Regular Sessions IN SENATE January 24, 2013 ___________
Introduced by Sen. GOLDEN -- 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 assault of certain public agents while in the performance of their duties 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 377 of the laws of 2012, is 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 IRRESPECTIVE OF WHETHER THE INJURY IS SERI- OUS PHYSICAL INJURY; or S 2. This act shall take effect immediately.

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