 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7054
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  CUNNINGHAM,  DE LOS SANTOS  -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to elevating the  assault  of
          an  elected  official  to  the class D felony of assault in the second
          degree
 
          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, registered nurse, licensed practical nurse, public health
     7  sanitarian, New York city public health sanitarian, sanitation  enforce-
     8  ment  agent, New York city sanitation worker, a firefighter, including a
     9  firefighter acting as a paramedic or emergency medical technician admin-
    10  istering first aid in the course of performance of duty  as  such  fire-
    11  fighter,  an  emergency  medical  service paramedic or emergency medical
    12  service technician, or medical or related personnel in a hospital  emer-
    13  gency  department,  a  city  marshal,  a school crossing guard appointed
    14  pursuant to section two hundred eight-a of the general municipal law,  a
    15  traffic enforcement officer, traffic enforcement agent [or], employee of
    16  any  entity governed by the public service law in the course of perform-
    17  ing an essential service, or elected official from performing  a  lawful
    18  duty, by means including releasing or failing to control an animal under
    19  circumstances  evincing  the actor's intent that the animal obstruct the
    20  lawful activity of such peace officer,  police  officer,  prosecutor  as
    21  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    22  dure  law,  registered  nurse,  licensed  practical nurse, public health
    23  sanitarian, New York city public health sanitarian, sanitation  enforce-
    24  ment  agent,  New  York  city sanitation worker, firefighter, paramedic,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10522-01-3
        A. 7054                             2
 
     1  technician, city marshal, school crossing guard  appointed  pursuant  to
     2  section  two  hundred  eight-a  of  the  general  municipal law, traffic
     3  enforcement officer, traffic enforcement  agent  [or],  employee  of  an
     4  entity  governed  by  the public service law, or elected official, he or
     5  she causes physical injury to such peace officer, police officer, prose-
     6  cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
     7  nal procedure 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,   firefighter,
    10  paramedic,  technician  or  medical  or  related personnel in a hospital
    11  emergency department,  city  marshal,  school  crossing  guard,  traffic
    12  enforcement  officer,  traffic  enforcement  agent  [or], employee of an
    13  entity governed by the public service law, or elected official; or
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.
Relates to assault in the second degree

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