Enhances the criminal penalties for assaulting employees of a local social services district or a juvenile detention agency while in the performance of their duties; elevates it to assault in the second degree, a class D felony.
TITLE OF BILL: An act to amend the penal law, in relation to enhancing the criminal penalty for assaulting employees of a local social services district
SUMMARY OF PROVISIONS: This bill would add a subsection to Penal Law §120.05, entitled Assault in the Second Degree, specifying that any act constituting a misdemeanor assault in the third degree pursuant to Penal Law §120.00 would be elevated to a class D non-violent felony offense if committed against any local social services district employee while in direct contact with the public performing an assigned duty providing, or directly related to providing, public assistance and care.
JUSTIFICATION: Local social services district employees working directly with their customers in the provision of benefits, assistance, and services are public servants on the front line of government's effort to protect and care for those in need. In New York City, this includes employees who work for the Administration for Children's Services, the Department of Homeless Services, and the Human Resources Administration. Unfortunately, assaults to such employees are not uncommon, and occasionally do result in injury or more serious misfortune. 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 providing the public with other social services. Local social services district 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.
PRIOR LEGISLATIVE HISTORY: 2007-2008: S.5991 - Referred to Rules, Referred to Codes, Passed Senate 2009-2010: S.2113 - Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 90 days after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 641 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 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 enhancing the criminal penalty for assaulting employees of a local social services district 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. (A) WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT WHILE SUCH EMPLOYEE IS IN PERFORMANCE OF AN ASSIGNED DUTY PROVIDING, OR DIRECTLY RELATED TO PROVIDING, PUBLIC ASSISTANCE AND CARE, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE; OR (B) HE OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE; OR (C) WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE BY MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00451-01-1