Establishes a person is guilty of assault in the second degree when he or she intends to cause physical injury to an employee of New York state or any of its political subdivisions or of a public authority or a public benefit corporation while such employee is performing his or her duties.
TITLE OF BILL: An act to amend the penal law, in relation to assaults against certain employees of state and local government agencies
PURPOSE: The objective of this legislation is to accord stronger protection than currently exists under the State's penal Law against assaults on public employees throughout New York State.
SUMMARY OF PROVISIONS: This legislation would amend New York's Penal Law by adding a new subdivision 13 to Section 120.05 to classify on-the-job assaults against public employees as second-degree assaults.
JUSTIFICATION: Under existing law, Section 120.05 of the Penal Law includes, among other provisions, classification as second-degree assault the intentional infliction of injuries on peace officers, police officers, firefighters, paramedics and emergency medical service technicians and transit workers. Assault in the second degree is a Class D felony that carries a maximum sentence of seven years in prison.
At present, the law does not accord the other public employees specified in this proposal legal protection greater than that of the general public. Under current law, intentional infliction of injuries on persons other than those specified above is a Class A misdemeanor, which carries a maximum penalty of one year in prison.
This bill recognizes that a wide variety of public employees perform functions that are essential to maintaining public health, safety and quality of life. Their duties require them to interact with citizens in a wide variety of settings. This may expose them to the risk of an assault in the performance of their duties on behalf of the public. In fact, assault on the job is one of the most frequent causes of serious injuries for public employees. This bill would allow for stronger enforcement against such assaults and thereby protect not just these workers, but also the orderly operation of public services.
LEGISLATIVE HISTORY: A.3290 of 2003-04: Referred to Codes A.9535 of 2005-06: Referred to codes A.6185 of 2007-08: Referred to Codes A.2023 of 2009-10: Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4526 2011-2012 Regular Sessions IN SENATE April 11, 2011 ___________Introduced by Sen. GOLDEN -- 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 assaults against certain employees of state and local government agencies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.05 of the penal law is amended by adding a new subdivision 13 to read as follows: 13. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS OR OF A PUBLIC AUTHORITY OR A PUBLIC BENEFIT CORPORATION, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE WHILE SUCH EMPLOYEE IS PERFORMING HIS OR HER DUTIES. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08139-01-1