A01797 Summary:

BILL NOA01797
 
SAME ASNo Same As
 
SPONSORZebrowski (MS)
 
COSPNSRJaffee, Hunter, Galef, D'Urso, Steck, Byrne, Raia, Norris, Miller B
 
MLTSPNSRMcDonough
 
Add 120.26 - 120.28, Pen L
 
Establishes the offenses of reckless endangerment of an emergency service person in the first and second degrees.
Go to top    

A01797 Actions:

BILL NOA01797
 
01/17/2019referred to codes
Go to top

A01797 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1797
 
SPONSOR: Zebrowski (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to estab- lishing the offenses of reckless endangerment of an emergency service person in the first degree and reckless endangerment of an emergency service person in the second degree   PURPOSE: To create the new crimes of reckless endangerment of a peace officer, police officer, firefighter or emergency medical services professional in the first and second degrees.   SUMMARY OF PROVISIONS: Section 1 of the bill amends the penal law by adding a new section 120.26 as it relates to creating the crime of reckless endangerment of an emergency service person in the second degree. A person is guilty of reckless endangerment when they knowingly alter or convert a building that impedes egress and an emergency service person is injured as a result. Reckless endangerment of an emergency service person in the second degree is a class E felony. Section 2 of the bill amends the penal law by adding a new section 120.28 as it relates to creating the crime of reckless endangerment of an emergency service person in the first degree. A person is guilty of reckless endangerment when they knowingly alter or convert a building that impedes egress and such conduct results in the death of an emergen- cy service person. A person who is a repeat offender of reckless endan- germent of an emergency service person would also be guilty. Reckless endangerment of an emergency service person in the second degree is a class D felony. Section 3 of the bill relates to the effective date.   JUSTIFICATION: Building codes exist to ensure that residents, and particularly first responders and emergency personnel, are protected from the dangers posed by fire and inferior construction methods. While responding to any emer- gency is dangerous, this is particularly so when a building has been illegally altered, usually to make room for more occupants. Firefight- ers and other first responders are put at significant risk when they enter a structure anticipating a certain layout and instead must navi- gate around with walls that, don't belong, narrow passageways, blocked entrances or exits, or other structural changes; all while battling smoke and flames. Far too often, these situations result in serious injury to, or even the death of, firefighters or other emergency personnel. This is exactly what happened on a January morning in 2005 in the Bronx, where an apartment fire turned into a deathtrap for several firefight- ers. Six New York City firefighters were forced to jump from a fourth- floor window after they were trapped in the apartment by illegally constructed walls. Sadly, two firefighters were killed and several more were severely injured. While the building's owner and former were initially convicted of criminally negligent homicide, these convictions were overturned by a judge who ruled there was no evidence that they knew the apartments had been illegally converted. More recently, in 2011, firefighters in Haverstraw, Rockland County, entered a smoke-filled single-family home and were confronted with its illegal conversion to a rooming house. A disoriented volunteer fire- fighter was running out of air and had to issue a mayday call to his fellow firefighters, who had to use a thermal imaging device to locate him in the home. Thankfully, he was found in time. The owner of the home had been served with a code violation just two weeks prior to the fire. Illegally altered or subdivided structures can have very serious conse- quences for the occupants of these structures and particularly the first responders who might be called there in an emergency. Our first respon- ders provide an invaluable service in keeping us safe and assisting us in emergencies, and when an unscrupulous individual directly places their health and safety at risk for the sake of their own profits they should be held accountable in the event that their illegal conduct results in injury or death to a firefighter or other emergency services personnel.   LEGISLATIVE HISTORY: A.1691 of 2017-18, A.5539-A of 2015-2016 A.8644-A of 2014   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Go to top

A01797 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1797
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2019
                                       ___________
 
        Introduced  by M. of A. ZEBROWSKI, JAFFEE, HUNTER, GALEF, D'URSO, STECK,
          BYRNE, RAIA, NORRIS, B. MILLER -- Multi-Sponsored by -- M. of A. McDO-
          NOUGH -- read once and referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to establishing the  offenses
          of  reckless  endangerment of an emergency service person in the first
          degree and reckless endangerment of an emergency service person 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.  The  penal  law  is  amended by adding three new sections
     2  120.26, 120.27 and 120.28 to read as follows:
     3  § 120.26 Definitions.
     4    For the purposes of sections 120.27 and 120.28 of this article, "emer-
     5  gency service person" shall mean any of the following persons:
     6    1. a firefighter;
     7    2. a police officer;
     8    3. a peace officer;
     9    4. an emergency services professional;
    10    5. a code enforcement officer;
    11    6. a fire inspection personnel; or
    12    7. a building inspector.
    13  § 120.27 Reckless endangerment of an emergency  service  person  in  the
    14             second degree.
    15    A  person  is  guilty of reckless endangerment of an emergency service
    16  person in the second degree when, knowing  that  a  building  permit  is
    17  required  and without obtaining such permit, he or she alters, converts,
    18  encloses,  subdivides  or  partitions  any  building  or  structure   in
    19  violation  of  the  New  York state uniform fire prevention and building
    20  code or any other provision of general, special or local law, ordinance,
    21  administrative code, rule or regulation addressing standards for  build-
    22  ing construction and fire prevention in a manner that impedes a person's

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06151-01-9

        A. 1797                             2
 
     1  egress  and during a fire or other emergency evacuation and such conduct
     2  results in the injury of an emergency service person.
     3    Reckless  endangerment  of  an  emergency service person in the second
     4  degree is a class E felony.
     5  § 120.28 Reckless endangerment of an emergency  service  person  in  the
     6             first degree.
     7    A  person  is  guilty of reckless endangerment of an emergency service
     8  person in the first degree when he or she commits the crime of  reckless
     9  endangerment of an emergency service person in the second degree and:
    10    1. during such fire or other emergency evacuation such conduct results
    11  in the death of an emergency service person; or
    12    2. has previously been convicted within the last ten years of reckless
    13  endangerment  of  an  emergency  service  person  in the first or second
    14  degree.
    15    Reckless endangerment of an emergency  service  person  in  the  first
    16  degree is a class D felony.
    17    § 2. This act shall take effect on the first of November next succeed-
    18  ing the date on which it shall have become a law.
Go to top

A01797 LFIN:

 NO LFIN
Go to top