S3106-2013 Actions

• Jan 30, 2013: REFERRED TO CODES

S3106-2013 Memo

BILL NUMBER:S3106

TITLE OF BILL:  An act to amend the penal law, in relation to assault in
the second degree

PURPOSE:  This bill amends the penal law making a person who is confined
to a secure treatment facility, as defined in article ten of the mental
hygiene law, guilty of assault in the second degree when, with intent to
cause injury to another person, he or she causes injury to such person
or third person.

SUMMARY OF PROVISIONS:

Section one amends section 120.05 of the penal law, adding a new subdi-
vision to provide that a person is guilty of assault in the second
degree, when while confined to a secure treatment facility, as defined
in article 10 of the mental hygiene law, and with intent to cause phys-
ical injury to another person, he or she causes injury to such person or
third person.

JUSTIFICATION:  This bill is needed to protect staff at OMH and OPWDD
secure facilities who are brutalized by the individuals who are confined
to these facilities.

Unfortunately, assaults to these employees are not uncommon, and far too
often result in serious injuries. Current law provides for enhanced
criminal assault penalties to protect police officers, firefighters,
paramedics, emergency room workers school employees, and specific trans-
it personnel, but does not extend such protection to these employees.

These employees require and deserve the same level of protection
provided by a felony charge that would deter clients and other m embers
of the public from the use of physical force to injure, threaten, or
intimidate.

LEGISLATIVE HISTORY:  Similar to S.7515/A.10539 of 2012.

FISCAL IMPLICATIONS: None.

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

S3106-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3106

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 30, 2013
                                 ___________

  Introduced  by  Sen.  GRIFFO -- 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  assault  in  the  second
    degree

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


    Section 1. Section 120.05 of the penal law is amended by adding a  new
  subdivision 13 to read as follows:

    13.  BEING  CONFINED  TO  A SECURE TREATMENT FACILITY, AS SUCH TERM IS
  DEFINED IN ARTICLE TEN OF THE MENTAL HYGIENE LAW,  AND  WITH  INTENT  TO
  CAUSE PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES SUCH INJURY TO
  SUCH PERSON OR TO A THIRD PERSON.
    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.
                                                             LBD07487-01-3