Bill S4216-2013

Relates to the assault of certain public agents during the performance of their duties

Relates to the assault of certain public agents during the performance of their duties; establishes the crime of reckless assault upon an emergency medical service paramedic or emergency medical service technician.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 18, 2013: referred to codes
  • Jun 18, 2013: DELIVERED TO ASSEMBLY
  • Jun 18, 2013: PASSED SENATE
  • Jun 18, 2013: ORDERED TO THIRD READING CAL.1439
  • Jun 18, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 14, 2013: REFERRED TO CODES

Votes

Memo

BILL NUMBER:S4216

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

SUMMARY OF SPECIFIC PROVISIONS: This bill would amend three provisions of the Penal Law.

Section 1 of the bill amends subdivision three of section 120.05 to reform the intent required to establish second degree assault upon certain public officers, including EMTs and paramedics. Currently, to establish guilt a prosecutor must prove that an attacker intends to interfere with the performance of the duties of these public officers. The proposed change would make this subdivision consistent with other second degree assault provisions of the Penal Law by requiring simply that the attacker intends to cause physical injury upon such public officer with knowledge that the public officer is engaged in the line of duty. This bill would also broaden the scope of the physical assaults that could be prosecuted under this subdivision to include assaults such as punching and hitting.

Section 2 of the bill creates a new section of the Penal law, section 120.75, to create the crime of "reckless assault" upon an emergency medical service paramedic or emergency medical service technician, an E felony. This section also broadens the scope of the physical assaults that could be prosecuted to include assaults such as punching and hitting.

Section 3 of the bill amends paragraph d of subdivision 1 of Section 70.02 of the penal law to include reckless assault upon an emergency medical service paramedic or emergency medical service technician as an E felony.

Section 4 of the bill makes the new provisions of the bill effective upon passage.

JUSTIFICATION: The existing second degree assault provisions of the Penal law that pertain to assaults upon public officers, including EMTs and paramedics, are inadequate in that they contain problematic provisions requiring the prosecution to establish an assailant's intent to interfere with the performance of official duties, rather than mere intent to injure, as is typically required in second degree assault. In addition, the most common assaults, such as punching, hitting, and other assaults, frequently go unprosecuted because the injuries, while painful, do not qualify as "physical injury" under existing case law because they do not result in "impairment of physical condition or substantial pain." To adequately remedy these offenses and effectively deter such assaults, the intent requirement of the current law needs reform, as does the degree of the physical injury sustained.

Section 2 is to be named "Soler's Law" in honor of Teresa Soler, an EMT who was brutally assaulted by an individual who claimed he was so intoxicated that he did not "intend" to assault Ms. Soler. Many EMTs and paramedics are assaulted while treating intoxicated or severely

drug impaired persons, and existing law does not adequately address these serious crimes. Presently, there is no provision in the law specifically addressing reckless assaults upon an EMT or paramedic, despite the fact that assaults by severely intoxicated or drug impaired persons are extremely common. EMTs and Paramedics are required to treat patients under extremely dangerous and stressful situations, and deserve the fullest protections of the law for reckless assaults they endure in the line of duty.

PRIOR LEGISLATIVE HISTORY:New for 2013

EFFECTIVE DATE: Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 4216 2013-2014 Regular Sessions IN SENATE 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
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.

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