senate Bill S641B

Enhances the criminal penalties for assaulting employees of a local social services district or juvenile detention agency while in the performance of their duties

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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

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 24 / May / 2011
    • AMEND (T) AND RECOMMIT TO CODES
  • 24 / May / 2011
    • PRINT NUMBER 641A
  • 10 / Jun / 2011
    • AMEND AND RECOMMIT TO CODES
  • 10 / Jun / 2011
    • PRINT NUMBER 641B
  • 21 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1449
  • 21 / Jun / 2011
    • PASSED SENATE
  • 21 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 07 / Feb / 2012
    • 1ST REPORT CAL.179
  • 13 / Feb / 2012
    • 2ND REPORT CAL.
  • 14 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 29 / Feb / 2012
    • PASSED SENATE
  • 29 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 29 / Feb / 2012
    • REFERRED TO CODES

Summary

Enhances the criminal penalties for assaulting employees of a local social services district or a juvenile detention agency while in the performance of their duties; elevates it to assault in the second degree, a class D felony.

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Bill Details

Versions:
S641
S641A
S641B
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S2113

Sponsor Memo

BILL NUMBER:S641B

TITLE OF BILL:
An act
to amend the penal law, in relation to
protecting employees of social services districts, local juvenile
detention agencies, and persons involved in cases handled by such
agencies from assault

SUMMARY OF PROVISIONS:
This bill would amend subdivisions 3 and 11 of the Penal Law §120.0S,
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 nonviolent felony offense if committed against an employee of
any local social services district, or juvenile detention facility
while performing an assigned duty providing, or directly related to
providing, public assistance and care.

JUSTIFICATION:
Local social services district and Juvenile Detention facilities
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.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November 2011.

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

                                 641--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. GOLDEN, GALLIVAN, PARKER, ROBACH -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the penal law, in relation to  protecting  employees  of
  social  services  districts,  local  juvenile  detention agencies, and
  persons involved in cases handled by such agencies from assault

  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 LOCAL SOCIAL
SERVICES DISTRICT OR EMPLOYEE AT A DETENTION FACILITY  ADMINISTERED  AND
OPERATED  BY  ANY  COUNTY  OR  THE  CITY  OF  NEW  YORK  PURSUANT TO THE
PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, 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  practical  nurse,  sanitation  enforcement
agent,  firefighter,  paramedic,  technician,  city   marshal,   traffic

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00451-04-1

S. 641--B                           2

enforcement officer or traffic enforcement agent, OR EMPLOYEE OF A LOCAL
SOCIAL  SERVICES  DISTRICT  OR EMPLOYEE AT A DETENTION FACILITY ADMINIS-
TERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE
PROVISIONS  OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, 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 personnel in a hospital
emergency department, city marshal, traffic enforcement officer or traf-
fic enforcement agent, OR EMPLOYEE OF A LOCAL SOCIAL  SERVICES  DISTRICT
OR  EMPLOYEE  AT  A  DETENTION FACILITY ADMINISTERED AND OPERATED BY ANY
COUNTY OR THE CITY OF NEW YORK PURSUANT TO  THE  PROVISIONS  OF  ARTICLE
NINETEEN-G OF THE EXECUTIVE LAW; 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  LOCAL  SOCIAL  SERVICES
DISTRICT  OR  EMPLOYEE AT A DETENTION FACILITY ADMINISTERED AND OPERATED
BY ANY COUNTY OR THE CITY OF NEW YORK  PURSUANT  TO  THE  PROVISIONS  OF
ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, he or she causes physical inju-
ry  to  such  train operator, ticket inspector, conductor, signalperson,
bus operator or station agent, city marshal, traffic  enforcement  offi-
cer,  traffic  enforcement agent, registered nurse or licensed practical
nurse [or], sanitation enforcement agent, OR EMPLOYEE OF A LOCAL  SOCIAL
SERVICES  DISTRICT  OR EMPLOYEE AT A DETENTION FACILITY ADMINISTERED AND
OPERATED BY ANY  COUNTY  OR  THE  CITY  OF  NEW  YORK  PURSUANT  TO  THE
PROVISIONS  OF  ARTICLE  NINETEEN-G  OF  THE  EXECUTIVE  LAW, 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, registered nurse or licensed practi-
cal nurse [or], sanitation enforcement agent, OR  EMPLOYEE  OF  A  LOCAL
SOCIAL  SERVICES  DISTRICT  OR EMPLOYEE AT A DETENTION FACILITY ADMINIS-
TERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE
PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, is performing  an
assigned duty.
  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.

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