S2965-2011 Actions

• Feb 3, 2011: REFERRED TO CODES

S2965-2011 Memo

BILL NUMBER:S2965

TITLE OF BILL:
An act
to amend the penal law, in relation to elevating an assault of a utility
worker in the second degree to a class D felony

PURPOSE OF THE BILL:
In response to increasing
incidents of physical
attacks, the bill elevates assault of a utility worker in the second
degree to a class D felony.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend
subdivision 3 of
section 120.05 of the penal law elevating an assault in the third
degree to a class D felony when a utility worker performing an
essential service is injured during the course of performing his/her
lawful duty.

JUSTIFICATION:
Utility workers, who perform vital
services, are, with
increasing frequency, the victims of assault and aggression. In
particular, customer field representatives, who read meters and make
repairs, are vulnerable to crime because they work outdoors, at all
hours of the night and enter crime-ridden, drug infested buildings.
These workers have been attacked, assaulted, shot, stabbed and robbed
for the change in their pockets. In 1990, two Con Edison workers were
shot to death in separate incidents while on the job. More recently,
a Local 1-2 Member was fatally gunned down in an apparent robbery
while he was completing paperwork in his vehicle. There have been
numerous other violent acts perpetrated against utility workers by
individuals wielding machetes and baseball bats and others carrying
knives and guns. It is currently a felony to cause injury to peace
officers, police officers, firefighters or emergency medical workers
with the intent to prevent them from performing their duties. This
bill would reclassify assaults on utility workers from misdemeanors
to felonies.

EFFECTIVE DATE:
First day of November next succeeding the date on
which it shall become a law.

S2965-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2965
 2011-2012 Regular Sessions
 I N  SENATE
 February 3, 2011
 
 Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the penal law, in relation to elevating an assault of  a
 utility worker in the second degree to a class D felony
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 3 of section 120.05 of the penal law, as  sepa
 rately  amended  by chapters 318 and 345 of the laws of 2010, is amended
 to read as follows:

 3. With intent to prevent a peace officer, a  police  officer,  regis
 tered  nurse,  licensed practical nurse, sanitation enforcement agent, 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  OR  EMPLOYEE  OF  ANY  ENTITY
 GOVERNED BY THE PUBLIC SERVICE LAW IN THE COURSE OF PERFORMING AN ESSEN
 TIAL  SERVICE, from performing a lawful duty, by means including releas
 ing 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, 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, firefighter, paramedic, technician or medical or related  person
 nel  in  a hospital emergency department, city marshal, traffic enforce
 ment officer [or], traffic enforcement agent OR EMPLOYEE  OF  AN  ENTITY
 GOVERNED BY THE PUBLIC SERVICE LAW; or
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07388-01-1

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