Bill S4006B-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

  • Jun 12, 2014: referred to codes
  • Jun 12, 2014: DELIVERED TO ASSEMBLY
  • Jun 12, 2014: PASSED SENATE
  • May 28, 2014: ADVANCED TO THIRD READING
  • May 21, 2014: 2ND REPORT CAL.
  • May 20, 2014: 1ST REPORT CAL.901
  • Feb 10, 2014: PRINT NUMBER 4006B
  • Feb 10, 2014: AMEND AND RECOMMIT TO CODES
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • 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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - May 20, 2014
Ayes (13): Nozzolio, Boyle, Flanagan, Gallivan, Golden, Lanza, O'Mara, Griffo, Avella, Squadron, Espaillat, Hoylman, O'Brien
Ayes W/R (1): Krueger
Nays (2): DeFrancisco, Perkins

Memo

BILL NUMBER:S4006B

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 section 120.05, specifying that any act constituting a misdemeanor assault in the third degree pursuant to Penal Law section 120.00 would be elevated to a class D felony offense if committed against an employee of a secure or limited secure residential facility licensed, certified and operated by the Office of Children and Family Services.

JUSTIFICATION: This bill is needed to protect staff at OCFS secure or limited secure residential facilities who are 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 employees at OCFS secure facilities. 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: 2013 - S. 4006a Passed Senate /A. 2680a - Codes Committee. 2012 - S. 7515 Passed Senate/A. 10539 - Codes Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.


Text

STATE OF NEW YORK ________________________________________________________________________ 4006--B 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 -- reported favora- bly from said committee, ordered to first report, amended on first report, ordered to a second report, and to be reprinted as amended, retaining its place in the order of second report -- 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 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 259 of the laws of 2013, are amended to read as follows: 3. With intent to prevent a peace officer, a police officer, prosecu- tor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical tech- nician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospi- tal emergency department, a city marshal, a traffic enforcement officer or traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED, CERTIFIED OR 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 officer, police officer, prosecutor as defined in subdivi- sion thirty-one of section 1.20 of the criminal procedure law, regis- tered nurse, licensed practical nurse, sanitation 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 LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, he or she causes physical injury to such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, 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 LICENSED, CERTIFIED OR 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, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, registered nurse or licensed practical nurse OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, he or she causes physical injury to such train opera- tor, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent [or], New York city sanitation work- er, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED, CERTIFIED OR 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, prose- cutor as defined in subdivision thirty-one of section 1.20 of the crimi- nal procedure law, registered nurse, licensed practical nurse, sanita- tion enforcement agent [or], New York city sanitation worker, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED, CERTIFIED OR 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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