S641-2011 Actions

• Feb 29, 2012: referred to codes
• Feb 29, 2012: DELIVERED TO ASSEMBLY
• Feb 29, 2012: PASSED SENATE
• Feb 14, 2012: ADVANCED TO THIRD READING
• Feb 13, 2012: 2ND REPORT CAL.
• Feb 7, 2012: 1ST REPORT CAL.179
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 21, 2011: referred to codes
• Jun 21, 2011: DELIVERED TO ASSEMBLY
• Jun 21, 2011: PASSED SENATE
• Jun 21, 2011: ORDERED TO THIRD READING CAL.1449
• Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 10, 2011: PRINT NUMBER 641B
• Jun 10, 2011: AMEND AND RECOMMIT TO CODES
• May 24, 2011: PRINT NUMBER 641A
• May 24, 2011: AMEND (T) AND RECOMMIT TO CODES
• Jan 5, 2011: REFERRED TO CODES

S641-2011 Memo

BILL NUMBER:S641

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.

S641-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          641
 2011-2012 Regular Sessions
 I N  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

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