What's happening
This bill creates new felony offenses for endangering emergency service personnel by violating building codes, resulting in their injury or death.
Why it matters
Targets unsafe building modifications. The bill makes it a felony to alter, subdivide, or otherwise change a building without required permits and in violation of safety codes, specifically when those changes impede escape routes during emergencies.
Protects a wide range of responders. The definition of “emergency service person” includes not only firefighters and police, but also code enforcement officers, building inspectors, and other emergency professionals, reflecting the broader scope of those put at risk by unsafe buildings.
Adds serious legal consequences for repeat or egregious violations. If an emergency responder is killed due to such illegal modifications, or if a person has a prior conviction for this conduct within ten years, the offense is elevated to a more severe felony, showing an intent to deter both first-time and repeat offenders.
Shifts accountability to property owners and developers. By criminalizing code violations that result in harm to emergency personnel, the bill places greater responsibility on those who control or alter buildings to comply with safety and permitting requirements, potentially driving more rigorous code enforcement and compliance.
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Who cares
Headline styles
Protect Emergency Workers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
4 Co-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 Responders
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6264
2019-2020 Regular Sessions
IN SENATE
May 31, 2019
Introduced by Sens. CARLUCCI, SKOUFIS -- 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 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
S. 6264 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing 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
Purpose
To create the new crimes of reckless endangerment of a peace officer, police officer, firefighter or emergency medical services professional in the first and second degrees.
Summary of provisions
Section 1 of the bill amends the penal law by adding a new section 120.26 as it relates to creating the crime of reckless endangerment of an emergency service person in the second degree. A person is guilty of reckless endangerment when they knowingly alter or convert a building that impedes egress and an emergency service person is injured as a result. Reckless endangerment of an emergency service person in the second degree is a class E felony.
Read the full memo (697 words)
Section 2 of the bill amends the penal law by adding a new section 120.28 as it relates to creating the crime of reckless endangerment of an emergency service person in the first degree. A person is guilty of reckless endangerment when they knowingly alter or convert a building that impedes egress and such conduct results in the death of an emergen- cy service person. A person who is a repeat offender of reckless endan- germent of an emergency service person would also be guilty. Reckless endangerment of an emergency service person in the second degree is a class D felony.
Section 3 of the bill relates to the effective date.
Justification
Building codes exist to ensure that residents, and particularly first responders and emergency personnel, are protected from the dangers posed by fire and inferior construction methods. While responding to any emer- gency is dangerous, this is particularly so when a building has been illegally altered, usually to make room for more occupants. Firefight- ers and other first responders are put at significant risk when they enter a structure anticipating a certain layout and instead must navi- gate around with walls that, don't belong, narrow passageways, blocked entrances or exits, or other structural changes; all while battling smoke and flames.
Far too often, these situations result in serious injury to, or even the death of, firefighters or other emergency personnel.
This is exactly what happened on a January morning in 2005 in the Bronx, where an apartment fire turned into a deathtrap for several firefight- ers. Six New York City firefighters were forced to jump from a fourth- floor window after they were trapped in the apartment by illegally constructed walls. Sadly, two firefighters were killed and several more were severely injured. While the building's owner and former were initially convicted of criminally negligent homicide, these convictions were overturned by a judge who ruled there was no evidence that they knew the apartments had been illegally converted.
More recently, in 2011, firefighters in Haverstraw, Rockland County, entered a smoke-filled single-family home and were confronted with its illegal conversion to a rooming house. A disoriented volunteer fire- fighter was running out of air and had to issue a mayday call to his fellow firefighters, who had to use a thermal imaging device to locate him in the home. Thankfully, he was found in time. The owner of the home had been served with a code violation just two weeks prior to the fire. Illegally altered or subdivided structures can have very serious conse- quences for the occupants of these structures and particularly the first responders who might be called there in an emergency. Our first respon- ders provide an invaluable service in keeping us safe and assisting us in emergencies, and when an unscrupulous individual directly places their health and safety at risk for the sake of their own profits they should be held accountable in the event that their illegal conduct results in injury or death to a firefighter or other emergency services personnel.
Legislative history
A.1691 of 2017-18, A.5539-A of 2015-2016 A.8644-A of 2014
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which 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.