senate Bill S3809A

Relates to assault on a New York city sanitation worker

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Mar / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 17 / Jun / 2012
    • AMEND AND RECOMMIT TO CODES
  • 17 / Jun / 2012
    • PRINT NUMBER 3809A
  • 21 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1455
  • 21 / Jun / 2012
    • SUBSTITUTED BY A6062A

Summary

Relates to assault on a New York city sanitation worker; provides that such assault is either a class C felony or constitutes assault in the second degree when such assault is by means of releasing or failing to control an animal with the intent to obstruct such person from performing their lawful duties.

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Bill Details

See Assembly Version of this Bill:
A6062A
Versions:
S3809
S3809A
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A6062A, S3809A, A6062A, S3809A
2009-2010: A5518B, S4394B, A5518B, S4394B

Sponsor Memo

BILL NUMBER:S3809A

TITLE OF BILL:
An act to amend the penal law, in relation to assaulting a New York
city sanitation worker

PURPOSE OF BILL:
Raises an assault on a new York City Sanitation worker while he or she
is performing assigned duties.

SUMMARY OF SPECIFIC PROVISIONS:
Amends section 120.05 of the penal law to include New York City
sanitation workers to the list of workers where an assault upon such
would constitute assault in the second degree and a class D felony.

JUSTIFICATION:
New York City sanitation workers are under potential harassment and
stress at their jobs due to the actions of some citizens who resent
their adherence to the rules and regulations associated with their
positions. Many of these workers have been the victims of physical
violence while simply performing their duties. This bill would make it
a felony to assault these workers while they are performing their
duties. The current laws makes it a felony for assaulting police
officers, firefighters, peace officers, emergency medical service
professionals, city marshals and traffic enforcement personnel.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None to the State.

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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3809--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the penal law, in relation to assaulting a New York city
  sanitation worker

  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, NEW
YORK  CITY  SANITATION  WORKER,  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 techni-
cian, or medical or related personnel in a  hospital  emergency  depart-
ment,  a city marshal, a traffic enforcement officer or traffic enforce-
ment 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 offi-
cer, police officer, registered nurse, licensed practical nurse, sanita-
tion enforcement agent, NEW YORK CITY  SANITATION  WORKER,  firefighter,
paramedic,  technician,  city  marshal,  traffic  enforcement officer or
traffic enforcement agent, he or she  causes  physical  injury  to  such
peace  officer,  police  officer,  registered  nurse, licensed practical
nurse, sanitation enforcement agent, NEW YORK  CITY  SANITATION  WORKER,
firefighter,  paramedic, technician or medical or related personnel in a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09499-04-2

S. 3809--A                          2

hospital emergency department, city marshal, traffic enforcement officer
or traffic enforcement agent; 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, NEW YORK CITY
SANITATION WORKER, 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, registered nurse
or licensed practical nurse [or], sanitation enforcement agent[,] OR NEW
YORK  CITY  SANITATION  WORKER,  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 enforce-
ment  agent,  registered nurse or licensed practical nurse [or], sanita-
tion enforcement agent OR NEW YORK CITY SANITATION WORKER, is performing
an assigned duty.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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