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.
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.
