Relates to assault in the second degree; relates to persons in secure treatment facilities.
Ayes (53): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (6): Carlucci, DeFrancisco, Hassell-Thomps, Krueger, Montgomery, Perkins
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
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 subdivision 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 physical 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 transit 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.
STATE OF NEW YORK ________________________________________________________________________ 3106 2013-2014 Regular Sessions IN 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