Enhances the criminal penalties for assaulting certain employees of a local social services district while in the performance of their duties; elevates it to assault in the second degree, a class D felony.
Ayes (58): Adams, Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Duane
Excused (3): Alesi, Espaillat, Huntley
TITLE OF BILL: An act to amend the penal law, in relation to protecting employees of local social services districts from assault
PURPOSE: This bill enhances the criminal penalties for assaulting employees of a local social services district while in performance of their duties
SUMMARY OF PROVISIONS: This bill would add new subdivisions 3-a and 11-a 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 any local social services district while performing an assigned duty providing, or directly related to investigating of or response to alleged abuse or neglect of a child, a vulnerable elderly person or an incompetent or physically disabled person, or providing public assistance and care.
JUSTIFICATION: Local social services district 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.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7720 IN SENATE June 15, 2012 ___________Introduced by Sens. GOLDEN, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to protecting employees of local social services districts from assault 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 two new subdivisions 3-a and 11-a to read as follows: 3-A. WITH INTENT TO PREVENT AN EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT DIRECTLY INVOLVED IN INVESTIGATION OF OR RESPONSE TO ALLEGED ABUSE OR NEGLECT OF A CHILD, A VULNERABLE ELDERLY PERSON OR AN INCOMPE- TENT OR PHYSICALLY DISABLED PERSON, FROM PERFORMING SUCH INVESTIGATION OR RESPONSE, THE ACTOR, NOT BEING SUCH CHILD, VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, OR WITH INTENT TO PREVENT AN EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT DIRECTLY INVOLVED IN PROVIDING PUBLIC ASSISTANCE AND CARE FROM PERFORMING HIS OR HER JOB, CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE INCLUDING BY MEANS OF RELEASING OR FAILING TO CONTROL AN ANIMAL UNDER CIRCUMSTANCES EVINCING THE ACTOR'S INTENT THAT THE ANIMAL OBSTRUCT THE LAWFUL ACTIVITIES OF SUCH EMPLOYEE; OR 11-A. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT DIRECTLY INVOLVED IN INVESTIGATION OF OR RESPONSE TO ALLEGED ABUSE OR NEGLECT OF A CHILD, VULNERABLE ELDERLY PERSON OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON, THE ACTOR, NOT BEING SUCH CHILD, VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, OR WITH INTENT TO PREVENT AN EMPLOYEE OF A LOCAL SOCIAL SERVICES DISTRICT DIRECTLY INVOLVED IN PROVIDING PUBLIC ASSISTANCE AND CARE FROM PERFORMING HIS OR HER JOB, CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE; OR 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00451-14-2