Makes an assault of emergency department personnel while such employee is performing an assigned duty in, or directly related to such hospital emergency department a felony

11 Co-sponsors

• Eric Adams
• Martin Malavé Dilan
• Martin J. Golden
• Shirley L. Huntley
• Jeffrey D. Klein
• Roy J. McDonald
• Suzi Oppenheimer
• Michael H. Ranzenhofer
• James L. Seward
• Toby Ann Stavisky
• Lee M. Zeldin

BILL NUMBER:S6239

Title of bill

An act to amend the penal law, in relation to an assault of emergency department personnel while such employee is performing an assigned duty in, or directly related to such hospital emergency department

Summary of provisions

Section 1: Sets out legislative findings.

Section 2: Subdivision 11 of section 120.05 of the penal law, as separately amended by chapters 318 and 345 of the laws of 2010, is amended to read as follows: with intent to cause physical injury to a train operator, ticket inspector, conductor, signal person, 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 enforcement agent or sanitation enforcement agent, registered nurse or licensed practical nurse, technician or medical or related personnel in a hospital emergency department while such employee is performing an assigned duty in, or directly related to such hospital emergency department he or she causes physical injury to such train operator, ticket inspector, conductor, signal person, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse or sanitation enforcement agent, 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, traffic enforcement agent, registered nurse or licensed practical nurse or sanitation enforcement agent is performing an assigned duty or technician or medical or related personnel in a hospital emergency department while such employee is performing an assigned duty in, or directly related to such hospital emergency department.

Section 3: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

With intent to prevent a peace officer, a police officer, registered nurse, licensed practical nurse, sanitation enforcement agent, 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 department performing any professional-related duties, a city marshal, a traffic enforcement officer or traffic enforcement agent, from performing 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, sanitation enforcement agent, firefighter, paramedic, technician, city marshal, traffic enforcement officer or traffic enforcement agent, registered

nurse, licensed practical nurse, sanitation enforcement agent, firefighter, paramedic, technician or medical or related personnel in a hospital emergency while such employ

Justification

Laws protecting Emergency Department personnel vary widely by state. The concern is that our current New York State law does not go far enough to address the problem of assaults on healthcare workers and that the current law should be amended.

Local fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.