What's happening
This bill expands assault protections to physicians and employees providing direct patient care in more healthcare settings.
Why it matters
Expands criminal assault protections to physicians. By specifically including physicians under assault protections for those performing lawful duties, the bill recognizes the risks faced by doctors and makes it a felony to physically injure them while they’re providing care.
Broader coverage for healthcare settings. The bill replaces a specific list of healthcare facilities with the more inclusive language "other setting where direct patient care is provided," ensuring protections extend to employees in newer or less traditional care environments (e.g., outpatient clinics, home health, urgent care centers).
Recognizes all direct patient care staff. By covering any employee whose main job is direct patient care—not just nurses—this legislation acknowledges the diverse healthcare workforce and ensures that aides, techs, and other frontline workers receive the same legal protections as nurses and physicians.
Could deter violence and improve retention. Stronger legal consequences for assaulting healthcare workers may discourage violent incidents, contributing to safer workplaces and potentially helping to retain staff in high-risk healthcare roles.
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Who cares
Headline styles
Protect Doctors from Assault
Plain English, a few words. Used as the page title.
Sponsors
15 Co-sponsors
3 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 Doctors From Assault
In Senate Committee · Codes · Sponsor Rich Funke
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2460
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. JOYNER, FERNANDEZ, DICKENS, ORTIZ, SEAWRIGHT, RIVERA, MOSLEY, NIOU, D'URSO, ARROYO, SIMON, LAVINE, COOK, L. ROSEN- THAL -- Multi-Sponsored by -- M. of A. ABBATE, CRESPO, ENGLEBRIGHT -read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the assault of physicians providing direct patient care
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 120.05 of the penal law, as amended by chapter 267 of the laws of 2016, is 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, a physician as defined in article one hundred thirty-one of the education law, registered nurse, licensed practical nurse, 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, a physician as defined in article one hundred thirty-one of the education
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00488-01-9
A. 2460 2
law, registered nurse, licensed practical nurse, public health 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, a physician as defined in article one hundred thirty-one of the education law, registered nurse, licensed practical nurse, 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
§ 2. Subdivision 3-c of section 120.05 of the penal law, as added by chapter 423 of the laws of 2015, is amended to read as follows:
3-c. With intent to prevent an employee providing direct patient care, who is not a nurse pursuant to title eight of the education law, whose principal employment responsibility is to carry out direct patient care for one or more patients in any hospital, nursing home, residential health care facility, general hospital, government agency including any chronic disease hospital, maternity hospital, outpatient department, emergency center or surgical center under article twenty-eight of the public health law or other setting where direct patient care is provided, from performing a lawful duty, he or she causes physical injury to such employee providing direct patient care; or
§ 3. Subdivision 11-c of section 120.05 of the penal law, as added by chapter 423 of the laws of 2015, is amended to read as follows:
11-c. With intent to cause physical injury to an employee providing direct patient care, who is not a nurse pursuant to title eight of the education law, whose principal employment responsibility is to carry out direct patient care for one or more patients in any hospital, nursing home, residential health care facility, general hospital, government agency including any chronic disease hospital, maternity hospital, outpatient department, emergency center or surgical center under article twenty-eight of the public health law or other setting where direct patient care is provided, he or she causes physical injury to such employee providing direct patient care while such employee is performing a lawful duty; or
§ 4. 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.