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S1022Senate2017-2018 SessionSame asA6756

Broaden Firefighter Obstruction Law

Official title

“Relates to when a person is guilty of obstructing firefighting operations”

Sponsor Rich FunkeSD-55+9 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
4/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill updates language to include "firefighter" and adds obstructing emergency medical care by firefighters as a criminal offense.

Why it matters

  1. Expands legal protections to firefighters. by updating language from "fireman" to "firefighter," ensuring that all genders are clearly covered and modernizing the terminology in the law.

  2. Recognizes the evolving role of firefighters. , explicitly including emergency medical care as part of their official duties; this acknowledges that firefighters often act as first responders for medical emergencies, not just fires.

  3. Makes it a criminal offense to obstruct a firefighter providing emergency medical aid. , which could deter interference at accident scenes or during medical crises, potentially improving outcomes for victims in critical situations.

  4. Signals the value placed on emergency responders' safety and effectiveness. by elevating the legal seriousness of interfering with their work, which may strengthen overall public respect and support for first responders.

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Who cares

Headline styles

Broaden Firefighter Obstruction Law

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

Chair, Cultural Affairs, Tourism, Parks And Recreation

History

  1. Signed chap.124
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.449
  6. Substituted for A6756
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 58–1
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.157
Show 1 earlier action
  1. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6756Assembly

Expand Firefighter Protection Law

Assembly Floor Calendar · Sponsor Joseph Morelle

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1022

2017-2018 Regular Sessions

IN SENATE

January 6, 2017

Introduced by Sens. FUNKE, AVELLA, BOYLE, GALLIVAN, LARKIN, SAVINO, YOUNG -- 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 the crime of obstructing firefighting operations

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 195.15 of the penal law, as amended by chapter 731 of the laws of 1981, is amended to read as follows: § 195.15 Obstructing firefighting operations.

A person is guilty of obstructing firefighting operations when he or she intentionally and unreasonably obstructs the efforts of any:

1. [fireman] firefighter in extinguishing a fire, or prevents or dissuades another from extinguishing or helping to extinguish a fire; [or]

2. [fireman] firefighter, police officer or peace officer in performing his or her duties in circumstances involving an imminent danger created by an explosion, threat of explosion or the presence of toxic fumes or gases; or

3. firefighter performing emergency medical care on a sick or injured person.

Obstructing firefighting operations is a class A misdemeanor.

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04163-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to the crime of obstructing firefighting operations

Purpose

To add that individuals who obstruct a firefighter from performing emergency medical care shall be guilty of the crime of obstructing a firefighting operation, a class A misdemeanor.

Summary of provisions

Amends Section 195.15 of the penal law to add language stating that by obstructing a firefighter who is performing emergency services you are guilty of a class A misdemeanor.

Justification

Firefighters perform various important functions in their day to day routine. The law affords them special protection while in performance of these duties. However, a loophole does exist that does not adequately protect a firefighter who is performing emergency services. An example occurred in the City of Rochester where a fire company was responding to an EMS call and was performing Emergency Medical Care on a victim in their place of residence. An onlooker became physically agitated and attacked these fire fighters who were treating the victim. The local police could not charge the individual under Section 195.15 and he was charged under a different section of law.

Legislative history

S.2977/A.3643 of 2015-2016; Passed Senate S.1058 of 2013-2014; Passed Senate S.241/A.2821 of 2011-2012; Referred to Codes S.1450/A.1242 of 2009-2010; Referred to Codes S.500/A.5582 of 2007-2008; Passed Senate S.691 of 2005-2006; Passed Senate

Fiscal implications

None to the State.

Effective date

November 1st next succeeding the date it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.