What's happening
This bill creates new felony offenses for endangering emergency service personnel by violating building codes, resulting in injury or death.
Why it matters
Establishes criminal liability for building owners or managers. who knowingly violate building or fire codes (such as failing to obtain permits or making unsafe alterations) if those violations hinder emergency evacuations and lead to injury or death of emergency workers.
Expands the definition of protected individuals. to include not only firefighters and police officers but also building inspectors, code enforcement officers, and fire inspection personnel, reflecting broader recognition of those at risk during emergencies.
Creates strong deterrents through felony charges. Class E felony for causing injury, and a more severe Class D felony for causing death or for repeat offenders, signaling the state’s intention to hold property owners strictly accountable for safety violations that endanger emergency responders.
May impact property management and construction practices. by increasing the legal and financial risks for non-compliance with safety and building codes, potentially leading to greater scrutiny and adherence to regulations to avoid criminal prosecution.
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Who cares
Headline styles
Protect Emergency Responders
Plain English, a few words. Used as the page title.
Sponsors
14 Co-sponsors
2 Multi-sponsors
History
- Referred to codes
- 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 Emergency Workers
In Senate Committee · Codes · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1797
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. ZEBROWSKI, JAFFEE, HUNTER, GALEF, D'URSO, STECK, BYRNE, RAIA, NORRIS, B. MILLER -- Multi-Sponsored by -- M. of A. McDO- NOUGH -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offenses of reckless endangerment of an emergency service person in the first degree and reckless endangerment of an emergency service person in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding three new sections 120.26, 120.27 and 120.28 to read as follows: § 120.26 Definitions.
For the purposes of sections 120.27 and 120.28 of this article, "emergency service person" shall mean any of the following persons:
1. a firefighter;
2. a police officer;
3. a peace officer;
4. an emergency services professional;
5. a code enforcement officer;
6. a fire inspection personnel; or
7. a building inspector. § 120.27 Reckless endangerment of an emergency service person in the
second degree.
A person is guilty of reckless endangerment of an emergency service person in the second degree when, knowing that a building permit is required and without obtaining such permit, he or she alters, converts, encloses, subdivides or partitions any building or structure in violation of the New York state uniform fire prevention and building code or any other provision of general, special or local law, ordinance, administrative code, rule or regulation addressing standards for building construction and fire prevention in a manner that impedes a person's
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06151-01-9
A. 1797 2
egress and during a fire or other emergency evacuation and such conduct results in the injury of an emergency service person.
Reckless endangerment of an emergency service person in the second degree is a class E felony. § 120.28 Reckless endangerment of an emergency service person in the
first degree.
A person is guilty of reckless endangerment of an emergency service person in the first degree when he or she commits the crime of reckless endangerment of an emergency service person in the second degree and:
1. during such fire or other emergency evacuation such conduct results in the death of an emergency service person; or
2. has previously been convicted within the last ten years of reckless endangerment of an emergency service person in the first or second degree.
Reckless endangerment of an emergency service person in the first degree is a class D felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.