Adds registered nurse and licensed practical nurse to assault of emergency medical professionals and provides for class C and D felonies for physical injury to them

4 Co-sponsors

• Andrew J. Lanza
• Frank Padavan
• Joseph E. Robach
• James L. Seward

Title of bill

An act to amend the penal law, in relation to assault on certain emergency medical professionals

Purpose

To add registered nurses and licensed practical nurses to the definition of assault of emergency medical professionals and to provide for a Class C felony charge for physical injury caused to these individuals.

Summary of provisions

Section 1. Section 120.08 of the penal law, is amended by updating the gender-related language, changing the term "fireman" to "firefighter" and to include "she" in the definition of those who may cause injury to another person; and to include registered nurses and licensed practice nurses in the definition of emergency medical services professionals when defining assault on such emergency medical service professionals. Section 120.08 renders such assaults on an emergency medical services professional, during which he or she causes serious physical injury which prevents them from performing a lawful duty, a Class C felony. §2. Subdivision 3 of Section 120.05 of the penal law is amended by updating the gender - related language, changing the term "fireman" to "firefighter" and to include "she" in the definition of those who may cause injury to another person; and to include registered nurses and licensed practical nurses in the definition of emergency medical services professionals when including releasing or failing to control an animal under certain circumstances evincing the actor's intent that the animal obstruct the lawful activity of such with the intent to cause physical harm to an emergency medical services professional , which prevents them from performing their duty. §3. Sets the effective date for the first of November next succeeding the date on which it shall have become law.

Existing law

None.

Justification

Each year, countless acts of violence are inflicted upon emergency medical professionals while in the line of duty. They are subject to intimidation, harassment, physical assault and numerous other forms of emotional, verbal and physical abuse that include choking, stabbing and threatening. An unfortunate element of this abuse is that a large percentage goes unreported, thus allowing patients to not be held responsible for their actions. The unpunished behavior, which leads to lower job satisfaction and increased staff shortages, sends a message to those present that violence or abuse is an acceptable means of expression. Because the health care field is experiencing an overwhelming shortage of nurses, it is imperative that every measure be taken to ensure the protection of their safety. It is most important to visibly establish that violent or abusive reactions are not appropriate and have severe consequences. By amending the existing definition of assault as a Class C felony on emergency medical services professionals to include registered nurses and licensed practical nurses along with peace officers, police officers and firefighters, an important standard will be established within the medical field that violence against medic al professionals is not acceptable and will not be tolerated.

Legislative history

2007-2008: S.3441 - Referred to Codes, Passed Senate

Fiscal implications

None.

Local fiscal implications

None.

Effective date

First of November next succeeding the date on which it shall have become law.