Bill S6382-2013

Elevates assault of a utility worker in the second degree to a class D felony

Elevates assault of a utility worker in the second degree to a class D felony; includes an employee of an entity governed by the public service law within such provisions.

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  • Jan 21, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S6382

TITLE OF BILL: An act to amend the penal law, in relation to elevating an assault of a utility worker in the second degree to a class D felony

PURPOSE:

The bill elevates assault of a utility worker in the second degree to a class D felony.

SUMMARY OF PROVISIONS:

This bill would amend subdivision 3 of section 120.05 of the penal law elevating an assault in the third degree to a class D felony when a utility worker performing an essential service is injured during the course of performing his/her lawful duty.

JUSTIFICATION:

Utility workers are with increasing frequency the victims of assault and aggression. In particular, customer field representatives, who read meters and make repairs, are vulnerable to crime because they work outdoors, at all hours of the night and enter crime-ridden, drug infested buildings. It has been reported that utility workers have been shot, stabbed, and even in some instances killed. It is currently a felony to cause injury to peace officers, police officers, firefighters or emergency medical workers with the intent to prevent them from performing their duties. This bill would reclassify assaults on utility workers from misdemeanors to felonies.

LEGISLATIVE HISTORY:

2011: S2965-Referred to Codes 2009-2010: S196-Referred to Codes 2007-2008: S1014-Referred to Codes 2005-2006: S626-Referred to Codes 2003-2004: S2531-Referred to Codes 2001-2002: S896-Referred to Codes 1999-2000: S521-Referred to Codes

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

First day of November next succeeding the date on which it shall become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6382 IN SENATE January 21, 2014 ___________
Introduced by Sen. LARKIN -- 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 elevating an assault of a utility worker in the second degree to a class D felony 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 259 of the laws of 2013, 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 OR EMPLOYEE OF ANY ENTITY GOVERNED BY THE PUBLIC SERVICE LAW IN THE COURSE OF PERFORMING AN ESSENTIAL SERVICE, 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 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, firefighter, paramedic, technician, city marshal, traffic enforcement officer or traffic enforcement agent, he or she causes phys- ical 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, firefighter, paramedic, techni- cian or medical or related personnel in a hospital emergency department,
city marshal, traffic enforcement officer [or], traffic enforcement agent OR EMPLOYEE OF AN ENTITY GOVERNED BY THE PUBLIC SERVICE LAW; or S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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