BILL NUMBER: S6203
SPONSOR: SKOUFIS
 
TITLE OF BILL:
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
 
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: Amends the penal law by adding new sections 120.26, 120.27,
and 120.28, as it relates to creating the crime of reckless endangerment
of an emergency service person in the first and 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. While a person is guil-
ty of reckless endangerment when they knowingly alter or convert a
building that impedes egress, and such conduct results in the death of
an emergency service person. A person who is a repeat offender of reck-
less endangerment 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 2: Sets Effective Date.
 
JUSTIFICATION:
Building codes exist to protect residents, particularly first responders
and emergency personnel, from the dangers posed by fire and substandard
construction practices. Responding to emergencies is inherently danger-
ous, but the risks are significantly heightened when a building has been
illegally altered to accommodate more occupants. Firefighters and other
emergency responders enter structures with the expectation of a specific
layout; however, illegal modifications-such as unpermitted walls, narrow
passageways, blocked exits, or other structural changes-can create
unforeseen hazards. Theie obstacles not only hinder rescue efforts but
also increase the peril faced by those navigating the building under
life-threatening conditions, such as smoke and fire.
Tragically, such circumstances have resulted in severe injuries and even
fatalities among firefighters and emergency personnel. A particularly
devastating example occurred in January 2005 in the Bronx when an apart-
ment fire became a death trap due to illegal structural alterations. Six
New York City firefighters, trapped by unauthorized walls, were forced
to jump from a fourth-floor window. Two firefighters lost their lives,
and several others sustained severe injuries. While the building's owner
and former owner were initially convicted of criminally negligent homi-
cide, their convictions were later overturned due to a lack of evidence
proving they were aware of the illegal modifications.
A similar incident occurred in 2011 in Haverstraw, Rockland County, when
firefighters responded to a fire in what was supposed to be a single-fa-
mily home, only to discover that it had been illegally converted into a
rooming house. A volunteer firefighter, disoriented and running out of
oxygen, was forced to issue a mayday call. Fortunately, his fellow
firefighters were able to locate and rescue him using a thermal imaging
device. Notably, the homeowner had been cited for code violations just
two weeks before the fire, highlighting the ongoing risks posed by unau-
thorized structural alterations.
Illegally modified or subdivided buildings present grave dangers not
only to their occupants but also to the first responders tasked with
saving lives. Our firefighters and emergency personnel play an invalu-
able role in ensuring public safety, and their well-being should never
be compromised for the sake of financial gain. Property owners who
engage in illegal modifications must be held accountable when their
actions result in injury or loss of life among first responders. Strong
enforcement of building codes and legal consequences for violations are
essential to preventing such tragedies in the future.
 
LEGISLATIVE HISTORY:
Senate
2013: N/A
2014: S6254A, Advanced to Third Reading
2015: S1188A, Amend and Recommit to Codes
2016: S1188A, Referred to Codes
2017: S773, Referred to Codes
2018: S773, Referred to Codes
2019: S6264, Referred to Codes
2020: S6264, Referred to Codes
2021: S3741, Referred to Codes
2022: S3741, Referred to Codes
2023: S3458, Referred to Codes
2024: S3458, Referred to Codes
Assembly
2013: N/A
2014: A8644A, Amend and Recommit to Codes
2015: A5539A, Amend and Recommit to Codes
2016: A5539A, Referred to Codes
2017: A1691, Referred to Codes
2018: A1691, Referred to Codes
2019: A1797, Referred to Codes
2020: A1797, Referred to Codes
2021: A6087, Referred to Codes
2022: A6087, Referred to Codes
2023: No Assembly Same-As
2024: No Assembly Same-As
 
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.