Bill S7809-2011

Relates to assault on district attorneys, assistant district attorneys and assistant attorney generals

Relates to assault on a district attorney, an assistant district attorney or an assistant attorney general while in performance of assigned duties.

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  • Jun 20, 2012: REFERRED TO RULES

Memo

BILL NUMBER:S7809

TITLE OF BILL: An act to amend the penal law, in relation to assault on district attorneys, assistant district attorneys, and assistant attorney generals

PURPOSE OR GENERAL IDEA OF BILL: Relates to assault on District Attorneys, Assistant District Attorneys and Assistant Attorney Generals.

SUMMARY OF PROVISIONS: Section one amends subdivision 3 of section 120.05 of the penal law, as separately amended by chapters 318 and 345 of the laws of 2010.

Section two amends subdivision 11 of Section 120.05 of the penal law, as separately amended by chapters 318 and 345 of the laws of 2010.

Section 3 sets the effective date.

JUSTIFICATION: With a main responsibility of protecting the public, there are often many risks associated with this job of District Attorney or Assistant District Attorney. Individuals in this profession are subject to intimidation, harassment, physical assault and numerous other forms of emotional, verbal and physical abuse and threatening. Just like police officers, those that are put in power to protect the people can be targeted for a wide variety of reasons and are often placed in harm's way because of the nature of their profession. By amending the existing definition of assault as a Class D felony on service professionals to include District Attorneys and Assistant District Attorneys to go along with peace officers, police officers and firefighters, an important standard will be established for these notable service professionals.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7809 IN SENATE June 20, 2012 ___________
Introduced by Sen. LANZA -- 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 assault on district attor- neys, assistant district attorneys, and assistant attorney generals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 120.05 of the penal law, as sepa- rately amended by chapters 318 and 345 of the laws of 2010, is amended to read as follows: 3. With intent to prevent a peace officer, a police officer, DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, ASSISTANT ATTORNEY GENERAL, registered 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, 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, DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, ASSISTANT ATTORNEY GENERAL, registered nurse, licensed practical nurse, sanitation enforce- ment agent, firefighter, paramedic, technician, city marshal, traffic enforcement officer or traffic enforcement agent, he or she causes phys- ical injury to such peace officer, police officer, DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, ASSISTANT ATTORNEY GENERAL, registered nurse, licensed practical nurse, sanitation enforcement agent, fire- fighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer or traffic enforcement agent; or S 2. Subdivision 11 of section 120.05 of the penal law, as separately amended by chapters 318 and 345 of the laws of 2010, is amended to read as follows:
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, DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, ASSISTANT ATTORNEY GENERAL or sanitation enforcement agent, registered nurse or licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTOR- NEY, ASSISTANT ATTORNEY GENERAL, registered nurse [or], licensed practi- cal nurse or sanitation enforcement agent, 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, traf- fic enforcement agent, DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, ASSISTANT ATTORNEY GENERAL, registered nurse [or], licensed practical nurse or sanitation enforcement agent is performing an assigned duty. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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