S4006-2013 Actions

• Apr 16, 2013: referred to codes
• Apr 16, 2013: DELIVERED TO ASSEMBLY
• Apr 16, 2013: PASSED SENATE
• Mar 21, 2013: ADVANCED TO THIRD READING
• Mar 20, 2013: 2ND REPORT CAL.
• Mar 20, 2013: AMENDED 4006A
• Mar 19, 2013: 1ST REPORT CAL.263
• Mar 4, 2013: REFERRED TO CODES

S4006-2013 Meetings

S4006-2013 Calendars

S4006-2013 Votes

S4006-2013 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

S4006-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4006
 2013-2014 Regular Sessions
 I N  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,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06560-01-3
 
       S. 4006                             2
 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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