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

BILL NUMBER:S1467A

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 chapter 259 of the laws of 2013, 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

Subdivision 3 of section 120.05 of the penal law, as amended by chapter 259 of the laws of 2013.

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

On the same date and in the same manner in which Ch. 259 of the laws of 2013 takes effect.