This bill has been amended

Bill S4394A-2009

Relates to assault on a New York city sanitation worker

Relates to assault on a New York city sanitation worker; provides that such assault is either a class C felony or constitutes assault in the second degree when such assault is by means of releasing or failing to control an animal with the intent to obstruct such person from performing their lawful duties.

Details

Actions

  • Jun 16, 2010: returned to senate
  • Jun 16, 2010: RECALLED FROM ASSEMBLY
  • May 27, 2010: referred to codes
  • May 27, 2010: DELIVERED TO ASSEMBLY
  • May 27, 2010: PASSED SENATE
  • Apr 26, 2010: ADVANCED TO THIRD READING
  • Apr 21, 2010: 2ND REPORT CAL.
  • Apr 20, 2010: 1ST REPORT CAL.415
  • Apr 16, 2010: PRINT NUMBER 4394A
  • Apr 16, 2010: AMEND AND RECOMMIT TO CODES
  • Jan 6, 2010: REFERRED TO CODES
  • Apr 22, 2009: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Apr 20, 2010
Ayes (15): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron, Volker, Saland, Bonacic, Golden, Lanza, Flanagan
Nays (1): DeFrancisco

Memo

 BILL NUMBER:  S4394A

TITLE OF BILL : An act to amend the penal law, in relation to assaulting a New York city sanitation worker

PURPOSE : Raises an assault on a New York City Sanitation worker while he or she is performing assigned duties to a Class C felony, similar to an assault on a peace officer, firefighter or EMT.

JUSTIFICATION : Due to the nature of their jobs, New York City Sanitation workers are frequently the victims of assault and aggression, as well as abusive language and threats.

Most recently, in September 2008, a 74-year-old Sanitation worker was viciously beaten with a shovel by an impatient motorists. Juan Ramos and a co-worker were picking up trash in Washington Heights when the motorist jumped from his car and began screaming at them to move. The angry motorist threw glass at the workers and proceeded to assault Mr. Ramos with a shovel, placing him in the hospital

The members of the uniformed force of municipal sanitation departments perform an essential service for municipal residents and risk grave physical injury as they provide this service. Further, more, the care and devotion members display for every neighborhood can be seen every working hour of everyday.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : 90th day after it shall become law.

Text

STATE OF NEW YORK ________________________________________________________________________ 4394--A 2009-2010 Regular Sessions IN SENATE April 22, 2009 ___________
Introduced by Sen. SCHNEIDERMAN -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to assaulting a New York city sanitation worker THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.08 of the penal law, as added by chapter 632 of the laws of 1996, is amended to read as follows: S 120.08 Assault on a peace officer, police officer, fireman [or], emer- gency medical services professional OR NEW YORK CITY SANITA- TION WORKER. A person is guilty of assault on a peace officer, police officer, fireman [or], emergency medical services professional OR NEW YORK CITY SANITATION WORKER when, with intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emer- gency medical technician administering first aid in the course of performance of duty as such fireman, [or] an emergency medical service paramedic or emergency medical service technician, OR NEW YORK CITY SANITATION WORKER from performing a lawful duty, he causes serious phys- ical injury to such peace officer, police officer, fireman, paramedic [or], technician, OR NEW YORK CITY SANITATION WORKER. Assault on a peace officer, police officer, fireman [or], emergency medical services professional OR A NEW YORK CITY SANITATION WORKER is a class C felony. S 2. Subdivision 3 of section 120.05 of the penal law, as amended by chapter 45 of the laws of 2008, is amended to read as follows: 3. With intent to prevent a peace officer, a police officer, a fire- fighter, 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 technician, or medical or related personnel in a hospital emergency department, a city marshal, a traffic enforcement officer [or], traffic enforcement agent OR NEW YORK CITY SANITATION WORKER, 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, firefighter, paramedic, technician, city marshal, traffic enforcement officer [or], traffic enforcement agent OR NEW YORK CITY SANITATION WORKER, he or she causes physical injury to such peace officer, police officer, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer [or], traffic enforcement agent OR NEW YORK CITY SANITATION WORKER; or S 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as separately amended by chapters 764 and 765 of the laws of 2005, is amended to read as follows: (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a); aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman [or], emergency medical services professional OR NEW YORK CITY SANITATION WORKER as defined in section 120.08, gang assault in the second degree as defined in section 120.06, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and crimi- nal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37. S 4. This act shall take effect on the ninetieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus