 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           748
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced by M. of A. JOYNER -- 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  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  3  of  section  120.05  of the penal law, as
     2  amended by chapter 267 of the laws  of  2016,  is  amended  to  read  as
     3  follows:
     4    3.  With intent to prevent a peace officer, a police officer, prosecu-
     5  tor as defined in subdivision thirty-one of section 1.20 of the criminal
     6  procedure law, a physician as defined in article one hundred  thirty-one
     7  of the education law, registered nurse, licensed practical nurse, public
     8  health  sanitarian,  New  York city public health sanitarian, sanitation
     9  enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
    10  including a firefighter acting as a paramedic or emergency medical tech-
    11  nician  administering  first aid in the course of performance of duty as
    12  such firefighter, an emergency medical service  paramedic  or  emergency
    13  medical  service technician, or medical or related personnel in a hospi-
    14  tal emergency department,  a  city  marshal,  a  school  crossing  guard
    15  appointed pursuant to section two hundred eight-a of the general munici-
    16  pal  law,  a  traffic  enforcement officer, traffic enforcement agent or
    17  employee of any entity governed by the public service law in the  course
    18  of  performing  an  essential service, from performing a lawful duty, by
    19  means including releasing or failing to control an animal under  circum-
    20  stances  evincing the actor's intent that the animal obstruct the lawful
    21  activity of such peace officer, police officer, prosecutor as defined in
    22  subdivision thirty-one of section 1.20 of the criminal procedure law,  a
    23  physician  as defined in article one hundred thirty-one of the education
    24  law, registered nurse, licensed practical nurse, public health sanitari-
    25  an, New York  city  public  health  sanitarian,  sanitation  enforcement
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02343-01-3
        A. 748                              2
 
     1  agent,  New York city sanitation worker, firefighter, paramedic, techni-
     2  cian, city marshal, school crossing guard appointed pursuant to  section
     3  two  hundred  eight-a  of the general municipal law, traffic enforcement
     4  officer,  traffic enforcement agent or employee of an entity governed by
     5  the public service law, he or she causes physical injury to  such  peace
     6  officer, police officer, prosecutor as defined in subdivision thirty-one
     7  of section 1.20 of the criminal procedure law, a physician as defined in
     8  article  one  hundred thirty-one of the education law, registered nurse,
     9  licensed practical nurse, public health sanitarian, New York city public
    10  health sanitarian, sanitation enforcement agent, New York  city  sanita-
    11  tion  worker,  firefighter,  paramedic, technician or medical or related
    12  personnel in a  hospital  emergency  department,  city  marshal,  school
    13  crossing  guard,  traffic enforcement officer, traffic enforcement agent
    14  or employee of an entity governed by the public service law; or
    15    § 2. Subdivision 3-c of section 120.05 of the penal law, as  added  by
    16  chapter 423 of the laws of 2015, is amended to read as follows:
    17    3-c. With intent to prevent an employee providing direct patient care,
    18  who  is  not a nurse pursuant to title eight of the education law, whose
    19  principal employment responsibility is to carry out direct patient  care
    20  for  one  or  more  patients  in any hospital, nursing home, residential
    21  health care facility, general hospital, government agency including  any
    22  chronic  disease  hospital,  maternity  hospital, outpatient department,
    23  emergency center or surgical center under article  twenty-eight  of  the
    24  public  health  law  or  other  setting  where  direct  patient  care is
    25  provided, from performing a lawful duty, he or she causes physical inju-
    26  ry to such employee providing direct patient care; or
    27    § 3. Subdivision 11-c of section 120.05 of the penal law, as added  by
    28  chapter 423 of the laws of 2015, is amended to read as follows:
    29    11-c.  With  intent  to cause physical injury to an employee providing
    30  direct patient care, who is not a nurse pursuant to title eight  of  the
    31  education law, whose principal employment responsibility is to carry out
    32  direct  patient  care  for one or more patients in any hospital, nursing
    33  home, residential health care  facility,  general  hospital,  government
    34  agency  including  any  chronic  disease  hospital,  maternity hospital,
    35  outpatient department, emergency center or surgical center under article
    36  twenty-eight of the public health law  or  other  setting  where  direct
    37  patient  care  is  provided,  he  or  she causes physical injury to such
    38  employee providing direct patient care while such employee is performing
    39  a lawful duty; or
    40    § 4. This act shall take effect on the ninetieth day  after  it  shall
    41  have become a law.
Relates to the assault of physicians providing direct patient care

What's Happening

Why It Matters
