This bill has been amended

Bill S4006-2013

Adds employees of the office of children and family services to the list of public employees for which prevention of duties constitutes assault in the second degree

Adds employees of the office of children and family services to the list of public employees for which prevention of duties constitutes assault in the second degree.

Details

Actions

  • Mar 19, 2013: 1ST REPORT CAL.263
  • Mar 4, 2013: REFERRED TO CODES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 19, 2013
Ayes (15): Nozzolio, Boyle, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Hoylman, Sampson, O'Brien
Nays (1): DeFrancisco

Memo

BILL NUMBER:S4006

TITLE OF BILL: An act to amend the penal law, in relation to including employees of the office of children and family services on the list of public employees for which prevention of duties qualifies as assault in the second degree

SUMMARY OF PROVISIONS:

This bill would amend subdivisions 3 and 11 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 non-violent felony offense if committed against an employee of a secure or limited secure residential facility licensed and operated by the Office of Children and Family Services from assault.

JUSTIFICATION:

This bill is needed to protect staff at OCFS secure or limited secure residential facilities who arc being brutalized by youth who have been sentenced 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 members of the public from the use of physical force to injure, threaten, or intimidate

LEGISLATIVE HISTORY:

2012 S. 7515 Passed Senate/A.10539 - Codes Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate


Text

STATE OF NEW YORK ________________________________________________________________________ 4006 2013-2014 Regular Sessions IN SENATE March 4, 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 including employees of the office of children and family services on the list of public employees for which prevention of duties qualifies as 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. Subdivisions 3 and 11 of section 120.05 of the penal law, as amended by chapter 377 of the laws of 2012, 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, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, 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, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, 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, fire- fighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer or traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES; 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, sanitation enforcement agent, New York city sanita- tion worker, registered nurse or licensed practical nurse OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPER- ATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, 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, sanitation enforcement agent [or], New York city sanitation worker, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI- DENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, 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 enforcement agent, regis- tered nurse or licensed practical nurse, sanitation enforcement agent [or], New York city sanitation worker, OR EMPLOYEE OF A SECURE OR LIMIT- ED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, is performing an assigned duty. S 2. This act shall take effect immediately.

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