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.