FDNY and DA Hynes trying to get bill pass to protect EMTs and Medics from assaults from PTs

[EMS92 30]

FDNY and DA Charles Hynes is trying to get a bill pass that would protect EMTs and Paramedics from assaults while they are on the job as well as making the punnishments much harsher rather then a misdemeanor

http://www.emsworld.com/news/10819011/fdny-announces-medic-emt-protection-initiative

[sympathomedic 383]

Going back 15 years or so, we had an Empress crew beat up fairly well at Sawmill River Rd and Palmer Rd- uniforms torn, skinned limbs, mild concussion, perp caught on scene. Awhile before this event, (1985?) a law had been passed upgrading assualt on on EMS and others a higher crime. Carl Vergari, the Westchester DA at the time, refused to use the new law in this case. I contacted his office about it wand was told that a grand jury would be very unlikely to indict if the perp faced the higher charge. That seemed like a load of s*** and still does. My understanding of the legal system is at about the "Law and Order" level. But I beleive you tell the Grand Jury the law and the case facts and they either indict or not. I don't thing the GJ takes the penalty into account, or are even TOLD what the penaly for the offense.

I guess my point is that I think there already is a law on the books for EMS assault, and at least in the case bove, the DA declined to use it.

Bill

[grumpyff 1,159]

EMT/Paramedics are covered under The presumptions of Assault 2 already. DA.s need to enforce it. http://ypdcrime.com/penal.law/article120.htm#p120.08

Edited October 24, 2012 by grumpyff

[INIT915 1,119]

Going back 15 years or so, we had an Empress crew beat up fairly well at Sawmill River Rd and Palmer Rd- uniforms torn, skinned limbs, mild concussion, perp caught on scene. Awhile before this event, (1985?) a law had been passed upgrading assualt on on EMS and others a higher crime. Carl Vergari, the Westchester DA at the time, refused to use the new law in this case. I contacted his office about it wand was told that a grand jury would be very unlikely to indict if the perp faced the higher charge. That seemed like a load of s*** and still does. My understanding of the legal system is at about the "Law and Order" level. But I beleive you tell the Grand Jury the law and the case facts and they either indict or not. I don't thing the GJ takes the penalty into account, or are even TOLD what the penaly for the offense.

I guess my point is that I think there already is a law on the books for EMS assault, and at least in the case bove, the DA declined to use it.

Bill

You are right. There are several laws that cover this which are in fact felonies.

PL 120.08 Assault on a peace officer, police officer, fireman or emergency medical services professional

A person is guilty of assault on a peace officer, police officer,

fireman or emergency medical services professional when, with intent to

prevent a peace officer, police officer, a fireman, including a fireman

acting as a paramedic or emergency medical technician administering

first aid in the course of performance of duty as such fireman, or an

emergency medical service paramedic or emergency medical service

technician, from performing a lawful duty, he causes serious physical

injury to such peace officer, police officer, fireman, paramedic or

technician.

PL 120.05 (3) Assault 2nd

With intent to prevent a peace officer, a police officer,

registered nurse, licensed practical nurse, sanitation enforcement

agent, New York city sanitation worker, a firefighter, including a

firefighter acting as a paramedic or emergency medical technician

administering first aid in the course of performance of duty as such

firefighter, an emergency medical service paramedic or emergency medical

service technician, or medical or related personnel in a hospital

emergency department, a city marshal, a traffic enforcement officer or

traffic enforcement agent, from performing a lawful duty, by means

including releasing or failing to control an animal under circumstances

evincing the actor's intent that the animal obstruct the lawful activity

of such peace officer, police officer, registered nurse, licensed

practical nurse, sanitation enforcement agent, New York city sanitation

worker, firefighter, paramedic, technician, city marshal, traffic

enforcement officer or traffic enforcement agent, he or she causes

physical injury to such peace officer, police officer, registered nurse,

licensed practical nurse, sanitation enforcement agent, New York city

sanitation worker, firefighter, paramedic, technician or medical or

related personnel in a hospital emergency department, city marshal,

traffic enforcement officer or traffic enforcement agent

[v85 212]

I also know that FDNY firefighters are considered peace officers on duty as well. Does that apply to the EMTs and Medics or only to suppression?

[INIT915 1,119]

I also know that FDNY firefighters are considered peace officers on duty as well. Does that apply to the EMTs and Medics or only to suppression?

Source? I've never heard that fact.

[v85 212]

New York State Criminal Procedure Law Section 2.10 Paragraph 28:

28. All officers and members of the uniformed force of the New York

city fire department as set forth and subject to the limitations

contained in section 487a-15.0 of the administrative code of the city of

New York; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law

I don't know what the limitations of the administrative code are, but I always understood it that all firefighters are Peace Officers. This power is mainly to enforce fire lane regulations, the parking self enforcement zone around firehouses, and to issue fire code violations when on building inspections

[INIT915 1,119]

Thanks! I guess I never really took note of that section.

New York State Criminal Procedure Law Section 2.10 Paragraph 28:

28. All officers and members of the uniformed force of the New York

city fire department as set forth and subject to the limitations

contained in section 487a-15.0 of the administrative code of the city of

New York; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law

I don't know what the limitations of the administrative code are, but I always understood it that all firefighters are Peace Officers. This power is mainly to enforce fire lane regulations, the parking self enforcement zone around firehouses, and to issue fire code violations when on building inspections

[v85 212]

You're welcome

[prucha25 76]

EMS members are not peace officers, only Firefighter's and their officer's are.