Bill S4160A-2013

Relates to assault on prosecutors

Relates to assault with intent to prevent a prosecutor or while the prosecutor is in performance of assigned duties is deemed assault in the 2nd degree.

Details

Actions

  • Jul 31, 2013: SIGNED CHAP.259
  • Jul 19, 2013: DELIVERED TO GOVERNOR
  • Jun 20, 2013: returned to senate
  • Jun 20, 2013: passed assembly
  • Jun 20, 2013: ordered to third reading rules cal.593
  • Jun 20, 2013: substituted for a5210a
  • Jun 13, 2013: referred to codes
  • Jun 13, 2013: DELIVERED TO ASSEMBLY
  • Jun 13, 2013: PASSED SENATE
  • Jun 12, 2013: ORDERED TO THIRD READING CAL.1340
  • Jun 12, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 23, 2013: PRINT NUMBER 4160A
  • Apr 23, 2013: AMEND (T) AND RECOMMIT TO CODES
  • Mar 12, 2013: REFERRED TO CODES

Votes

Memo

BILL NUMBER:S4160A

TITLE OF BILL: An act to amend the penal law, in relation to assault on a prosecutor

PURPOSE OR GENERAL IDEA OF BILL: Relates to assault on a prosecutor.

SUMMARY OF PROVISIONS:

Section one amends subdivision 3 of section 120.05 of the penal law, as amended by chapters 377 of the laws of 2012.

Section two amends subdivision 11 of Section 120.05 of the penal law, as amended by chapter 377 of the laws of 2012.

Section 3 is the effective date.

JUSTIFICATION: With a main responsibility of protecting the public, there are often many risks associated with the job of a prosecutor. Individuals in this profession are subject to intimidation, harassment, physical assault and numerous other forms of emotional, verbal and physical abuse and threatening. Just like police officers, those that are put in power to protect the people can be targeted for a wide variety of reasons and are often placed in harm's way because of the nature of their profession. By amending the existing definition of assault as a Class D felony on service professionals to include prosecutors with peace officers, police officers and firefighters, an important standard will be established for these notable service professionals.

LEGISLATIVE HISTORY: 2012: S.7809 - Referred to Rules

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 4160--A 2013-2014 Regular Sessions IN SENATE March 12, 2013 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to assault on a prosecutor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 120.05 of the penal law, as amended by chapter 377 of the laws of 2012, is 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, 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, he or she causes physical injury to such peace officer, police officer, 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, New York city sanitation worker, firefighter,
paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer or traf- fic enforcement agent; or S 2. Subdivision 11 of section 120.05 of the penal law, as amended by chapter 377 of the laws of 2012, is amended to read as follows: 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 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, PROSECUTOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, registered nurse [or], licensed practical nurse, 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, traf- fic enforcement officer, traffic enforcement agent, PROSECUTOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL PROCE- DURE LAW, registered nurse [or], licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, is performing an assigned duty. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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