S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9147--A
                                 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  -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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 WITH INTENT TO
    9  IMPEDE AN EMERGENCY  MEDICAL  SERVICE  PARAMEDIC  OR  EMERGENCY  MEDICAL
   10  SERVICE TECHNICIAN FROM PERFORMING HIS OR HER DUTIES, HE OR SHE STRIKES,
   11  BITES,  KICKS,  PUNCHES,  CHOKES,  BEATS,  OR  HITS AN EMERGENCY MEDICAL
   12  SERVICE PARAMEDIC OR EMERGENCY MEDICAL  SERVICE  TECHNICIAN  WHILE  SUCH
   13  EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL SERVICE TECHNI-
   14  CIAN IS PERFORMING A LAWFUL OR ASSIGNED DUTY AND RENDERING PATIENT CARE.
   15    CRIMINALLY IMPEDING AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGEN-
   16  CY  MEDICAL  SERVICE  TECHNICIAN IN THE PERFORMANCE OF HIS OR HER DUTIES
   17  WHILE RENDERING PATIENT CARE IS A CLASS D FELONY.
   18    S 2. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
   19  as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
   20  follows:
   21    (c)  Class  D violent felony offenses: an attempt to commit any of the
   22  class C felonies set forth in paragraph (b); reckless assault of a child
   23  as defined in section 120.02, assault in the second degree as defined in
   24  section  120.05,  CRIMINALLY  IMPEDING  AN  EMERGENCY  MEDICAL   SERVICE
   25  PARAMEDIC  OR EMERGENCY MEDICAL SERVICE TECHNICIAN IN THE PERFORMANCE OF
   26  HIS OR HER DUTIES WHILE RENDERING PATIENT CARE  AS  DEFINED  IN  SECTION
   27  120.08-A,  menacing  a  police  officer  or  peace officer as defined in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14445-03-4
       A. 9147--A                          2
    1  section 120.18, stalking in the first degree, as defined in  subdivision
    2  one  of section 120.60, strangulation in the second degree as defined in
    3  section 121.12, rape in the second degree as defined in section  130.30,
    4  criminal  sexual  act in the second degree as defined in section 130.45,
    5  sexual abuse in the first degree as defined in section 130.65, course of
    6  sexual conduct against a child  in  the  second  degree  as  defined  in
    7  section  130.80,  aggravated sexual abuse in the third degree as defined
    8  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    9  substance  as defined in section 130.90, criminal possession of a weapon
   10  in the third degree as defined in subdivision five, six,  seven,  eight,
   11  nine  or  ten of section 265.02, criminal sale of a firearm in the third
   12  degree as defined in section 265.11, intimidating a victim or witness in
   13  the second degree as defined in section 215.16, soliciting or  providing
   14  support  for  an  act  of  terrorism  in the second degree as defined in
   15  section 490.10, and making a terroristic threat as  defined  in  section
   16  490.20,  falsely reporting an incident in the first degree as defined in
   17  section 240.60, placing a false bomb or hazardous substance in the first
   18  degree as defined in section 240.62, placing a false bomb  or  hazardous
   19  substance  in a sports stadium or arena, mass transportation facility or
   20  enclosed shopping mall as defined  in  section  240.63,  and  aggravated
   21  unpermitted use of indoor pyrotechnics in the first degree as defined in
   22  section 405.18.
   23    S  3.  This  act shall take effect on the ninetieth day after it shall
   24  have become a law.