S7720-2011 Actions

• Aug 17, 2012: SIGNED CHAP.434
• Aug 6, 2012: DELIVERED TO GOVERNOR
• Jun 19, 2012: returned to senate
• Jun 19, 2012: passed assembly
• Jun 19, 2012: ordered to third reading rules cal.377
• Jun 19, 2012: substituted for a4672d
• Jun 19, 2012: referred to codes
• Jun 19, 2012: DELIVERED TO ASSEMBLY
• Jun 19, 2012: PASSED SENATE
• Jun 19, 2012: ORDERED TO THIRD READING CAL.1337
• Jun 15, 2012: REFERRED TO RULES

S7720-2011 Meetings

S7720-2011 Calendars

S7720-2011 Votes

S7720-2011 Memo

BILL NUMBER:S7720

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.

S7720-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7720
 I N  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

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