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.

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S2888-2013 Actions

• Jan 24, 2013: REFERRED TO CODES

S2888-2013 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 "phys-
ical 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.

S2888-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2888

                         2013-2014 Regular Sessions

                              I N  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07340-01-3