Bill S3809A-2011

Relates to assault on a New York city sanitation worker

Relates to assault on a New York city sanitation worker; provides that such assault is either a class C felony or constitutes assault in the second degree when such assault is by means of releasing or failing to control an animal with the intent to obstruct such person from performing their lawful duties.

Details

Actions

  • Jun 21, 2012: SUBSTITUTED BY A6062A
  • Jun 21, 2012: ORDERED TO THIRD READING CAL.1455
  • Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 17, 2012: PRINT NUMBER 3809A
  • Jun 17, 2012: AMEND AND RECOMMIT TO CODES
  • Jan 4, 2012: REFERRED TO CODES
  • Mar 4, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 21, 2012
Ayes (23): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Montgomery
Nays (1): Krueger

Memo

BILL NUMBER:S3809A

TITLE OF BILL: An act to amend the penal law, in relation to assaulting a New York city sanitation worker

PURPOSE OF BILL: Raises an assault on a new York City Sanitation worker while he or she is performing assigned duties.

SUMMARY OF SPECIFIC PROVISIONS: Amends section 120.05 of the penal law to include New York City sanitation workers to the list of workers where an assault upon such would constitute assault in the second degree and a class D felony.

JUSTIFICATION: New York City sanitation workers are under potential harassment and stress at their jobs due to the actions of some citizens who resent their adherence to the rules and regulations associated with their positions. Many of these workers have been the victims of physical violence while simply performing their duties. This bill would make it a felony to assault these workers while they are performing their duties. The current laws makes it a felony for assaulting police officers, firefighters, peace officers, emergency medical service professionals, city marshals and traffic enforcement personnel.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3809--A 2011-2012 Regular Sessions IN SENATE March 4, 2011 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to assaulting a New York city sanitation worker THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, as separately amended by chapters 318 and 345 of the laws of 2010, are 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, NEW YORK CITY SANITATION WORKER, 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 techni- cian, or medical or related personnel in a hospital emergency depart- ment, a city marshal, a traffic enforcement officer or traffic enforce- ment agent, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace offi- cer, police officer, registered nurse, licensed practical nurse, sanita- tion enforcement agent, NEW YORK CITY SANITATION WORKER, 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, NEW YORK CITY SANITATION WORKER, firefighter, paramedic, technician or medical or related personnel in a
hospital emergency department, city marshal, traffic enforcement officer or traffic enforcement agent; or 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator or station agent employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a traffic enforcement officer, traffic enforcement agent [or], sanitation enforcement agent, NEW YORK CITY SANITATION WORKER, registered nurse or licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse [or], sanitation enforcement agent[,] OR NEW YORK CITY SANITATION WORKER, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, or such city marshal, traffic enforcement officer, traffic enforce- ment agent, registered nurse or licensed practical nurse [or], sanita- tion enforcement agent OR NEW YORK CITY SANITATION WORKER, is performing an assigned duty. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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