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

                                 4155--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M. of A. PRETLOW, MAYER -- read once and referred 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 assaults on department of
  sanitation workers and nursing professionals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
as amended by chapter 377 of the laws of 2012, are amended  to  read  as
follows:
  3.  With  intent to prevent a peace officer, a police officer, [regis-
tered] A NURSING PROFESSIONAL INCLUDING NURSE PRACTITIONER, CERTIFIED OR
LICENSED nurse PRACTITIONERS, CERTIFIED NURSING ASSISTANTS AND, licensed
practical [nurse] NURSES, 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  perform-
ing 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  officer,  police  officer,
[registered nurse, licensed practical nurse] NURSING PROFESSIONAL, sani-
tation  enforcement agent, [New York city] sanitation worker, firefight-
er, 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]  NURSING  PROFESSIONAL,  sanitation  enforcement agent, [New York
city] sanitation worker, firefighter, paramedic, technician  or  medical

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07782-02-3

              

A. 4155--A                          2

or  related  personnel in a hospital emergency department, city marshal,
traffic enforcement officer or traffic enforcement agent; or
  11.  With  intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose  operation is authorized by New York state or any of its political
subdivisions, a city marshal, a  traffic  enforcement  officer,  traffic
enforcement agent, sanitation enforcement agent, [New York city] sanita-
tion worker, [registered] A NURSING PROFESSIONAL INCLUDING nurse PRACTI-
TIONERS, CERTIFIED or licensed practical [nurse] NURSES, he or she caus-
es  physical injury to such train operator, ticket inspector, conductor,
signalperson, bus operator  or  station  agent,  city  marshal,  traffic
enforcement  officer,  traffic  enforcement  agent, [registered nurse or
licensed practical nurse] NURSING PROFESSIONAL,  sanitation  enforcement
agent  or  [New  York  city]  sanitation  worker, while such employee is
performing an assigned duty on, or directly related to, the operation of
a train or bus, or such city marshal, traffic enforcement officer, traf-
fic enforcement agent, [registered nurse or  licensed  practical  nurse]
NURSING  PROFESSIONAL,  sanitation  enforcement agent or [New York city]
sanitation worker, is performing an assigned duty.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.