BILL NUMBER: S9925
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the penal law and the vehicle and traffic law, in
relation to establishing the offense of aggravated obstructing emergency
medical services
 
PURPOSE:
This bill proposes the creation of a new offense titled "Aggravated
Obstructing Emergency Medical Services" under penal law 195.16-A
 
SUMMARY OF PROVISIONS:
Section 1. The penal law is amended by adding a new section; 195.16a
Aggravated Obstructing Emergency Medical Services. A person is guilty of
this offense when such person intentionally and unreasonably obstructs
the efforts of any services, technician, personnel, system or unit spec-
ified in section three thousand one of the public health law in the
performance of their duties and either:
1. Engages in conduct that obstructs vehicular traffic pursuant to
subdivision five of section 240.20; or
2. Engages in conduct that poses a risk of serious physical injury to
other
Aggravated Obstructing Emergency Services is a Class E felony.
Section 2. The section heading, subdivision 2, subparagraph (ii) of
paragraph (a) of subdivision 5, and subdivision 6 and 8 of section 511c
of the vehicle and traffic law, as added by chapter 607 of the laws of
1993 are amended to read as follows:
Seizure and forfeiture of vehicles used in the unlicensed operation of a
motor vehicle and aggravated obstruction emergency medical services:
Any motor vehicle that has been or is being used in violation of
described offense may be seized by any peace officer or police officer
and forfeited.
Where a demand for the return of a motor vehicle is not made within 90
days after the termination of the criminal proceeding founded upon the
charge of aggravated obstructing emergency services under section
195.16a of the penal law, such motor vehicle shall be deemed abandoned.
 
JUSTIFICATION:
This legislation is intended to enhance the penalties for individuals
who commit the current crime of Obstructing Emergency Medical Services
by intentionally and unreasonably obstruct or interfere with the efforts
of emergency medical personnel, technicians or units as defined in
section 3001 of the public health law, while engaging in additional
dangerous behavior posing additional risks to our first responders. The
additional element includes obstructing the passage of emergency vehi-
cles pursuant to penal law section 240.20(5) or engaging in conduct that
poses a serious physical risk to others. The intent is to enhance the
legal framework protecting emergency responders, ensuring they can
perform their duties promptly and safely without unnecessary hindrance.
One specific incident this legislation would address involved several
individuals blocking an ambulance from proceeding through a major inter-
section on Long Island while they 'drifted" their vehicles in circles
for upwards of 15 minutes. By criminalizing such obstructive conduct,
the bill seeks to deter these unlawful actions that may delay emergency
medical services, thereby protecting the public and enhancing the effi-
ciency of emergency responses.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.