Imposes increased penalties on assaults of certain New York city housing authority employees.
Ayes (54): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (3): DeFrancisco, Montgomery, Perkins
Excused (4): Espaillat, Golden, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the penal law, in relation to protecting certain employees of the New York city housing authority from assault
PURPOSE: This bill enhances the criminal penalties for assaulting employees of the New York City Housing Authority district while in performance of their duties.
SUMMARY OF PROVISIONS: This bill would add new subdivisions 3-b and 11-b of the Penal Law § 120.05, specifying that any act constituting a misdemeanor assault in the third degree pursuant to Penal Law § 120.00 would be elevated to a class D violent felony offense if committed against an employee of the New York City Housing Authority performing duties at a housing project owned, managed, or operated by the Authority.
JUSTIFICATION: New York City Housing Authority employees performing duties on or at a housing project owned, managed, or operated by the Local Authority are public servants on the front line of government's effort to protect and care for those in need.
Unfortunately, assaults to such employees are not uncommon, and occasionally do result in injury or more serious misfortune. Current law provides for enhanced criminal assault penalties to protect police officers, firefighters, paramedics, emergency room workers, school employees, peace and special officers and specific social service and transit personnel, but does not extend such protection to employees providing the public with other essential services. Employees require and deserve the same level of protection provided by a felony charge that would deter members of the public from the use of physical force to injure, threaten, or intimidate.
According to recent reports, crime is up fourteen percent in New York City Housing Authority developments from 2010-2012. A caretaker employee at South Jamaica Houses in Queens recently fought off an attempted rape in a publicized case. The District Attorney's office only charged the assailant with criminal "mischief." Another Authority employee was shot at Howard Houses. Other employees have been stabbed, robbed, and threatened. Cameras and surveillance equipment are lacking. Lighting is often poor.
Clearly, society needs to express its view through the Penal Law that these assaults are serious crimes against individuals and the public to be prosecuted seriously as felonies not mischief.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect thirty days after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 3965--A Cal. No. 361 2013-2014 Regular Sessions IN SENATE March 1, 2013 ___________Introduced by Sens. LANZA, AVELLA, 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to protecting certain employ- ees of the New York city housing authority from assault 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 two new subdivisions 3-b and 11-b to read as follows: 3-B. WITH INTENT TO PREVENT AN EMPLOYEE OF THE NEW YORK CITY HOUSING AUTHORITY FROM PERFORMING HIS OR HER LAWFUL DUTIES WHILE LOCATED ON HOUSING PROJECT GROUNDS, REAL PROPERTY, OR A BUILDING OWNED, MANAGED, OR OPERATED BY SUCH AUTHORITY HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE; OR 11-B. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF THE NEW YORK CITY HOUSING AUTHORITY PERFORMING HIS OR HER LAWFUL DUTIES WHILE LOCATED ON HOUSING PROJECT GROUNDS, REAL PROPERTY, OR A BUILDING OWNED, MANAGED, OR OPERATED BY SUCH AUTHORITY HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE; OR S 2. The provisions of subdivisions 3-b or 11-b of section 120.05 of the penal law shall not supersede other provisions of the penal law applicable to assaults on police, peace, or special officers employed by the New York city housing authority or other public employers, perform- ing their duties on housing project grounds, real property, or buildings owned, managed or operated by such authority. S 3. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08515-02-4