Bill S641B-2011

Enhances the criminal penalties for assaulting employees of a local social services district or juvenile detention agency while in the performance of their duties

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.

Details

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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 7, 2012
Ayes (13): Saland, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Squadron, Espaillat
Ayes W/R (1): Perkins
Nays (2): DeFrancisco, Duane

Memo

BILL NUMBER:S641B

TITLE OF BILL: An act to amend the penal law, in relation to protecting employees of social services districts, local juvenile detention agencies, and persons involved in cases handled by such agencies from assault

SUMMARY OF PROVISIONS: This bill would amend subdivisions 3 and 11 of the Penal Law §120.0S, 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 nonviolent felony offense if committed against an employee of any local social services district, or juvenile detention facility while performing an assigned duty providing, or directly related to providing, public assistance and care.

JUSTIFICATION: Local social services district and Juvenile Detention facilities employees working directly with individuals 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. 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. 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: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November 2011.


Text

STATE OF NEW YORK ________________________________________________________________________ 641--B 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. GOLDEN, GALLIVAN, PARKER, ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to protecting employees of social services districts, local juvenile detention agencies, and persons involved in cases handled by such agencies from assault THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, as separately amended by chapters 318 and 345 of the laws of 2010, are amended to read as follows: 3. With intent to prevent a peace officer, a police officer, regis- tered nurse, licensed practical nurse, sanitation enforcement agent, a firefighter, 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 EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT OR EMPLOYEE AT A DETENTION FACILITY ADMINISTERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, 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, registered nurse, licensed practical nurse, sanitation enforcement agent, firefighter, paramedic, technician, city marshal, traffic
enforcement officer or traffic enforcement agent, OR EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT OR EMPLOYEE AT A DETENTION FACILITY ADMINIS- TERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, he or she causes physical injury to such peace officer, police officer, registered nurse, licensed practical nurse, sanitation enforcement agent, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer or traf- fic enforcement agent, OR EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT OR EMPLOYEE AT A DETENTION FACILITY ADMINISTERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; or 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator or station agent employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a traffic enforcement officer, traffic enforcement agent or sanitation enforcement agent, registered nurse or licensed practical nurse, OR EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT OR EMPLOYEE AT A DETENTION FACILITY ADMINISTERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, he or she causes physical inju- ry to such train operator, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, traffic enforcement offi- cer, traffic enforcement agent, registered nurse or licensed practical nurse [or], sanitation enforcement agent, OR EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT OR EMPLOYEE AT A DETENTION FACILITY ADMINISTERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, or such city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practi- cal nurse [or], sanitation enforcement agent, OR EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT OR EMPLOYEE AT A DETENTION FACILITY ADMINIS- TERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, is performing an assigned duty. 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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