S641B-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

S641B-2011 Meetings

S641B-2011 Calendars

S641B-2011 Votes

S641B-2011 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.

S641B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 641--B
 2011-2012 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00451-04-1
 
       S. 641--B                           2
 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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