S T A T E   O F   N E W   Y O R K
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                                  4216

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 14, 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 during 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] CAUSE PHYSICAL INJURY AND  WITH  KNOWLEDGE
THAT a peace officer, a police officer, registered nurse, licensed prac-
tical  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 technician, or medical or related
personnel  in a hospital emergency department, a city marshal, a traffic
enforcement officer or traffic enforcement agent, [from] IS performing a
lawful OR ASSIGNED duty, OR WITH INTENT TO PREVENT  THE  PERFORMANCE  OF
SUCH  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 officer,  police  officer,  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 physical injury to such peace officer, police officer, regis-
tered 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, IRRE-
SPECTIVE  OF  WHETHER  SUCH  ASSAULT  RESULTS  IN IMPAIRMENT OF PHYSICAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09793-01-3
              

S. 4216                             2

CONDITION OR  SUBSTANTIAL  PAIN  AND  NOTWITHSTANDING  ANYTHING  TO  THE
CONTRARY IN SUBDIVISION NINE OF SECTION 10.00 OF THIS CHAPTER; or
  S  2.  The penal law is amended by adding a new section 120.75 to read
as follows:
S 120.75 RECKLESS ASSAULT UPON AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR
           EMERGENCY MEDICAL SERVICE TECHNICIAN.
  A PERSON IS GUILTY OF  RECKLESS  ASSAULT  UPON  AN  EMERGENCY  MEDICAL
SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHEN HE OR SHE
RECKLESSLY  CAUSES  PHYSICAL  INJURY  TO  AN  EMERGENCY  MEDICAL SERVICE
PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHILE  SUCH  EMERGENCY
MEDICAL  SERVICE  PARAMEDIC  OR  EMERGENCY MEDICAL SERVICE TECHNICIAN IS
PERFORMING A LAWFUL OR  ASSIGNED  DUTY,  IRRESPECTIVE  OF  WHETHER  SUCH
ASSAULT  RESULTS IN IMPAIRMENT OF PHYSICAL CONDITION OR SUBSTANTIAL PAIN
AND NOTWITHSTANDING ANYTHING TO THE  CONTRARY  IN  SUBDIVISION  NINE  OF
SECTION 10.00 OF THIS CHAPTER.
  RECKLESS  ASSAULT UPON AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMER-
GENCY MEDICAL SERVICE TECHNICIAN IS A CLASS E FELONY.
  S 3. Paragraph (d) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
follows:
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 [and], placing a false  bomb  or  hazardous
substance  in  the second degree as defined in section 240.61, AND RECK-
LESS ASSAULT UPON AN EMERGENCY MEDICAL SERVICE  PARAMEDIC  OR  EMERGENCY
MEDICAL SERVICE TECHNICIAN AS DEFINED IN SECTION 120.75.
  S 4. This act shall take effect immediately.