Bill S6853A-2013

Relates to the assault of certain public agents while they are performing their duties

Relates to the assault of certain public agents while they are performing their duties.

Details

Actions

  • Jun 18, 2014: referred to codes
  • Jun 18, 2014: DELIVERED TO ASSEMBLY
  • Jun 18, 2014: PASSED SENATE
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1490
  • Jun 18, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 11, 2014: PRINT NUMBER 6853A
  • Jun 11, 2014: AMEND AND RECOMMIT TO CODES
  • Mar 20, 2014: REFERRED TO CODES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 18, 2014
Ayes (22): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Krueger, Parker, Gianaris
Nays (1): Perkins
Excused (1): Espaillat

Memo

BILL NUMBER:S6853A

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

PURPOSE:

Relates to the assault of certain public agents while they are perform their duties.

SUMMARY OF PROVISIONS:

This bill would amend two provisions of the penal law.

Section of the bill adds a new section 120.08-A to the penal law to establish a new offense of intentionally criminally impeding an emergency medical service paramedic or emergency medical service technician in the performance of his/her duties while rendering patient care. The new section 120.08-A would broaden the scope of physical attacks upon emergency medical service personnel that could be prosecuted to include the punching, choking, beating and striking such personnel while rendering patient care.

Section 2 of the bill amends paragraph c of subdivision 1 of Section 70.02 of the penal law to include criminally impeding an emergency medical service paramedic or emergency medical service technician in the performance of his/her duties while rendering patient care as a D felony.

Section 3 of the bill makes the new provisions of the bill effective upon passage.

JUSTIFICATION:

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 such attacks upon EMTs and paramedics, despite the fact that such attacks by severely intoxicated or drug impaired persons are extremely common. EMTs and paramedics are required to treat patients under extremely dangerous and stressful situation, and deserve the fullest protections of the law for assaults they endure in the line of duty.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6853--A IN SENATE March 20, 2014 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to the assault of certain public agents while they are performing their duties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 120.08-a to read as follows: S 120.08-A CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF HIS OR HER DUTIES WHILE RENDERING PATIENT CARE. A PERSON IS GUILTY OF CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF HIS OR HER DUTIES WHILE RENDERING PATIENT CARE WHEN WITH INTENT TO IMPEDE AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN FROM PERFORMING HIS OR HER DUTIES, HE OR SHE STRIKES, BITES, KICKS, PUNCHES, CHOKES, BEATS, OR HITS AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHILE SUCH EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNI- CIAN IS PERFORMING A LAWFUL OR ASSIGNED DUTY AND RENDERING PATIENT CARE. CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGEN- CY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF HIS OR HER DUTIES WHILE RENDERING PATIENT CARE IS A CLASS D FELONY. S 2. Paragraph (c) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows: (c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF HIS OR HER DUTIES WHILE RENDERING PATIENT CARE AS DEFINED IN SECTION
120.08-A, menacing a police officer or peace officer as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven, eight, nine or ten of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18. S 3. This act shall take effect on the ninetieth day after it shall have become a law.

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