Bill S7515-2011

Adds employees of the office of children and family services to the list of public employees for which prevention of duties constitutes assault in the second degree

Adds employees of the office of children and family services to the list of public employees for which prevention of duties constitutes assault in the second degree.

Details

Actions

  • Jun 14, 2012: referred to codes
  • Jun 14, 2012: DELIVERED TO ASSEMBLY
  • Jun 14, 2012: PASSED SENATE
  • Jun 14, 2012: ORDERED TO THIRD READING CAL.1258
  • Jun 14, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 30, 2012: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 14, 2012
Ayes (22): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (2): Duane, Montgomery
Excused (1): Krueger

Memo

BILL NUMBER:S7515

TITLE OF BILL: An act to amend the penal law, in relation to including employees of the office of children and family services on the list of public employees for which prevention of duties qualifies as assault in the second degree

SUMMARY OF PROVISIONS: This bill would amend subdivisions 3 and 11 of the Penal Law §120.05, 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 an employee of a secure or limited secure residential facility licensed and operated by the Office of Children and Family Services from assault.

JUSTIFICATION: This bill is needed to protect staff at OCFS secure or limited secure residential facilities who arc being brutalized by youth who have been sentenced to these facilities.

Unfortunately, assaults to these employees are not uncommon, and far too often result in serious injuries. 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 these employees.

These 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 immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7515 IN SENATE May 30, 2012 ___________
Introduced by Sen. GRIFFO -- 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 including employees of the office of children and family services on the list of public employees for which prevention of duties qualifies as assault in the second degree 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 SECURE OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, 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 prac- tical nurse, sanitation enforcement agent, firefighter, paramedic, tech- nician, city marshal, traffic enforcement officer or traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, 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 person- nel in a hospital emergency department, city marshal, traffic enforce- ment officer or traffic enforcement agent, OR EMPLOYEE OF A SECURE OR
LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES; 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 SECURE OR LIMITED SECURE RESI- DENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, he or she causes physical injury to such train opera- tor, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse [or], sanitation enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, 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, regis- tered nurse or licensed practical nurse [or], sanitation enforcement agent OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, is performing an assigned duty. S 2. This act shall take effect immediately.

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