S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3857
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen. LAVALLE -- 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 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,
 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
 sion  11  as  separately  amended by chapters 268 and 281 of the laws of
 2016, are amended to read as follows:
   3. With intent to prevent a peace officer, a police officer,  prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, [registered] A NURSING PROFESSIONAL INCLUDING NURSE PRAC-
 TITIONER,  CERTIFIED  OR LICENSED nurse PRACTITIONERS, CERTIFIED NURSING
 ASSISTANTS, licensed practical [nurse] NURSES, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 [New York city] sanitation worker, a firefighter, including a firefight-
 er  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 school  crossing  guard  appointed  pursuant  to
 section  two  hundred  eight-a  of  the general municipal law, a traffic
 enforcement officer, traffic enforcement agent or employee of any entity
 governed by the public service law in the course of performing an essen-
 tial service, from performing a lawful duty, by means including  releas-
 ing  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,  prosecutor  as defined in subdivision
 thirty-one of section 1.20 of the criminal  procedure  law,  [registered
 nurse,  licensed  practical  nurse]  NURSING PROFESSIONAL, public health
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09190-01-7

 S. 3857                             2
 
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent,  [New York city] sanitation worker, firefighter, paramedic,
 technician, city marshal, school crossing guard  appointed  pursuant  to
 section  two  hundred  eight-a  of  the  general  municipal law, traffic
 enforcement officer, traffic enforcement agent or employee of an  entity
 governed  by the public service law, he or she causes physical injury to
 such peace officer, police officer, prosecutor as defined in subdivision
 thirty-one of section 1.20 of the criminal  procedure  law,  [registered
 nurse,  licensed  practical  nurse]  NURSING PROFESSIONAL, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent,  [New York city] sanitation worker, firefighter, paramedic,
 technician or medical or  related  personnel  in  a  hospital  emergency
 department,  city  marshal,  school  crossing guard, traffic enforcement
 officer, traffic enforcement agent or employee of an entity governed  by
 the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner 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 school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, prosecutor as defined in subdivision thirty-one  of  section
 1.20  of  the criminal procedure law, sanitation enforcement agent, [New
 York city] sanitation worker, public health sanitarian,  New  York  city
 public  health sanitarian, [registered] A NURSING PROFESSIONAL INCLUDING
 nurse[,] PRACTITIONERS, OR CERTIFIED licensed practical [nurse]  NURSES,
 emergency  medical service paramedic, or emergency medical service tech-
 nician, he or she causes physical injury to such train operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner  or  terminal  cleaner,  city  marshal,  school  crossing  guard
 appointed pursuant to section two hundred eight-a of the general munici-
 pal law, traffic enforcement officer, traffic enforcement agent,  prose-
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 nal  procedure law, [registered nurse, licensed practical nurse] NURSING
 PROFESSIONAL, public health sanitarian,  New  York  city  public  health
 sanitarian,  sanitation  enforcement  agent,  [New York city] sanitation
 worker,  emergency  medical  service  paramedic,  or  emergency  medical
 service  technician,  while such employee is performing an assigned duty
 on, or directly related to, the operation of a train or  bus,  including
 the  cleaning  of  a  train  or  bus  station  or terminal, or such city
 marshal, school crossing guard,  traffic  enforcement  officer,  traffic
 enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
 section 1.20 of the criminal procedure law, [registered nurse,  licensed
 practical  nurse]  NURSING  PROFESSIONAL,  public health sanitarian, New
 York city public health sanitarian, sanitation enforcement  agent,  [New
 York  city]  sanitation  worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.