What's happening
This bill adds nursing professionals and sanitation workers to the list of protected workers under assault laws, increasing penalties for assaults against them.
Why it matters
Expands legal protections to more frontline workers. By explicitly naming nurse practitioners, certified nursing assistants, and all sanitation workers, the bill recognizes the risks faced by these professions and extends them the same assault protections as police and emergency responders.
Signals increased seriousness of assaults on healthcare and sanitation personnel. The inclusion of these workers means that anyone who assaults them while they are on duty can face higher criminal penalties, which may act as a deterrent and reflects the essential role these workers play in public health and safety.
Addresses workplace violence in sectors with high exposure. Nursing professionals and sanitation workers often work in environments where they are vulnerable to violence (e.g., hospitals, public spaces). The bill’s amendments aim to reduce incidents of assault and provide a safer workplace.
May influence employer and public policy. The formal recognition of these risks could prompt hospitals, clinics, and municipal employers to review and potentially improve their own workplace safety measures and training, while also raising public awareness of the importance and dignity of these jobs.
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Who cares
Nursing professionals
The bill would broaden second-degree assault provisions beyond registered nurses and licensed practical nurses to include additional nursing professionals, expressly naming nurse practitioners and certified nursing assistants in the lawful-duty provision.
Sanitation workers outside New York City
The bill would remove the New York City limitation on sanitation workers covered by second-degree assault provisions for injuries linked to their duties.
Prosecutors and criminal defense attorneys
The bill would expand the categories of workers whose duty-related injuries can support second-degree assault charges under the specified intent requirements.
Headline styles
Protect Nurses and Sanitation Workers
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–3
- Advanced to third reading
- 2nd report cal.
- 1st report cal.627
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–1
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.921
- 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.
Protect Nurses and Sanitation Workers
In Assembly Committee · Codes · Sponsor J. Gary Pretlow
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3857
2017-2018 Regular Sessions
IN SENATE
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 Assembly, 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 subdivision 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, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, [registered] a nursing professional including nurse practitioner, 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 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 medical service technician, or medical or related personnel in a hospital emergency department, 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 essential service, 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, 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 enforcement 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 enforcement 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 enforcement 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 technician, 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 municipal law, 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, 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.
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 assaults on department of sanitation workers and nursing professionals
Purpose
Relates to assault on department of sanitation enforcement agents and nursing professional while such person was performing an assigned duty.
Justification
This bill would raise conduct classified as an assault in the third degree to an assault in the second degree.
This legislation will prevent the department of sanitation workers and nursing professionals from becoming victims of assault and aggression, as well as abusive language and threats. This bill would make assaulting them a felony and increase harsher penalties on their assailants. The current law protects peace officers, police officer, firefighters, traffic enforcement officers and agents and emergency medical service professionals. Under the new law, sanitation enforcement agents will be given the same protection.
Legislative history
2015-16 S.1813/A.842; 2013-14 S.3997/A.4155A; 2012 A.3213; 2009-10 A.808A
Fiscal implications
None.
Effective date
On the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.