S T A T E O F N E W Y O R K ________________________________________________________________________ 9147 I N A S S E M B L Y March 20, 2014 ___________ Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the assault of certain public agents while they are performing their duties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The penal law is amended by adding a new section 120.08-a 2 to read as follows: 3 S 120.08-A CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR 4 EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF 5 HIS OR HER DUTIES WHILE RENDERING PATIENT CARE. 6 A PERSON IS GUILTY OF CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE 7 PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF 8 HIS OR HER DUTIES WHILE RENDERING PATIENT CARE WHEN HE OR SHE STRIKES, 9 BITES, KICKS, PUNCHES, CHOKES, BEATS, OR HITS AN EMERGENCY MEDICAL 10 SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN WHILE SUCH 11 EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNI- 12 CIAN IS PERFORMING A LAWFUL OR ASSIGNED DUTY AND RENDERING PATIENT CARE. 13 CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGEN- 14 CY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF HIS OR HER DUTIES 15 WHILE RENDERING PATIENT CARE IS A CLASS D FELONY. 16 S 2. Paragraph (c) of subdivision 1 of section 70.02 of the penal law, 17 as amended by chapter 1 of the laws of 2013, is amended to read as 18 follows: 19 (c) Class D violent felony offenses: an attempt to commit any of the 20 class C felonies set forth in paragraph (b); reckless assault of a child 21 as defined in section 120.02, assault in the second degree as defined in 22 section 120.05, CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE 23 PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF 24 HIS OR HER DUTIES WHILE RENDERING PATIENT CARE AS DEFINED IN SECTION 25 120.08-A, menacing a police officer or peace officer as defined in 26 section 120.18, stalking in the first degree, as defined in subdivision 27 one of section 120.60, strangulation in the second degree as defined in 28 section 121.12, rape in the second degree as defined in section 130.30, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14445-01-4 A. 9147 2 1 criminal sexual act in the second degree as defined in section 130.45, 2 sexual abuse in the first degree as defined in section 130.65, course of 3 sexual conduct against a child in the second degree as defined in 4 section 130.80, aggravated sexual abuse in the third degree as defined 5 in section 130.66, facilitating a sex offense with a controlled 6 substance as defined in section 130.90, criminal possession of a weapon 7 in the third degree as defined in subdivision five, six, seven, eight, 8 nine or ten of section 265.02, criminal sale of a firearm in the third 9 degree as defined in section 265.11, intimidating a victim or witness in 10 the second degree as defined in section 215.16, soliciting or providing 11 support for an act of terrorism in the second degree as defined in 12 section 490.10, and making a terroristic threat as defined in section 13 490.20, falsely reporting an incident in the first degree as defined in 14 section 240.60, placing a false bomb or hazardous substance in the first 15 degree as defined in section 240.62, placing a false bomb or hazardous 16 substance in a sports stadium or arena, mass transportation facility or 17 enclosed shopping mall as defined in section 240.63, and aggravated 18 unpermitted use of indoor pyrotechnics in the first degree as defined in 19 section 405.18. 20 S 3. This act shall take effect on the ninetieth day after it shall 21 have become a law.