senate Bill S3965A

Signed by Governor

Imposes increased penalties on assaults of certain New York city housing authority employees

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Bill Status


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

  • 01 / Mar / 2013
    • REFERRED TO CODES
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1333
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 25 / Mar / 2014
    • 1ST REPORT CAL.361
  • 26 / Mar / 2014
    • 2ND REPORT CAL.
  • 27 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • PASSED SENATE
  • 28 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / May / 2014
    • REFERRED TO CODES
  • 06 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 06 / Jun / 2014
    • RETURNED TO SENATE
  • 09 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 3965A
  • 16 / Jun / 2014
    • REPASSED SENATE
  • 16 / Jun / 2014
    • RETURNED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO CODES
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A4999A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.539
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 31 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 04 / Aug / 2014
    • SIGNED CHAP.197

Summary

Imposes increased penalties on assaults of certain New York city housing authority employees.

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Bill Details

See Assembly Version of this Bill:
A4999A
Versions:
S3965
S3965A
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L

Sponsor Memo

BILL NUMBER:S3965A

TITLE OF BILL: An act to amend the penal law, in relation to
protecting certain employees of the New York city housing authority
from assault

PURPOSE: This bill enhances the criminal penalties for assaulting
employees of the New York City Housing Authority district while in
performance of their duties.

SUMMARY OF PROVISIONS: This bill would add new subdivisions 3-b and
11-b 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 violent felony offense if committed
against an employee of the New York City Housing Authority performing
duties at a housing project owned, managed, or operated by the
Authority.

JUSTIFICATION: New York City Housing Authority employees performing
duties on or at a housing project owned, managed, or operated by the
Local Authority 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, peace and special officers and specific social service and
transit personnel, but does not extend such protection to employees
providing the public with other essential services. Employees require
and deserve the same level of protection provided by a felony charge
that would deter members of the public from the use of physical force
to injure, threaten, or intimidate.

According to recent reports, crime is up fourteen percent in New York
City Housing Authority developments from 2010-2012. A caretaker
employee at South Jamaica Houses in Queens recently fought off an
attempted rape in a publicized case. The District Attorney's office
only charged the assailant with criminal "mischief." Another Authority
employee was shot at Howard Houses. Other employees have been stabbed,
robbed, and threatened. Cameras and surveillance equipment are
lacking. Lighting is often poor.

Clearly, society needs to express its view through the Penal Law that
these assaults are serious crimes against individuals and the public
to be prosecuted seriously as felonies not mischief.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect thirty days after it shall
become law.

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

                                 3965--A
    Cal. No. 361

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 1, 2013
                               ___________

Introduced  by  Sens.  LANZA,  AVELLA,  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 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third reading, passed  by  Senate  and
  delivered  to  the  Assembly, recalled, vote reconsidered, restored to
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

AN ACT to amend the penal law, in relation to protecting certain employ-
  ees of the New York city housing authority 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-b and 11-b to read as follows:
  3-B.  WITH  INTENT TO PREVENT AN EMPLOYEE OF THE NEW YORK CITY HOUSING
AUTHORITY FROM PERFORMING HIS OR HER  LAWFUL  DUTIES  WHILE  LOCATED  ON
HOUSING PROJECT GROUNDS, REAL PROPERTY, OR A BUILDING OWNED, MANAGED, OR
OPERATED  BY  SUCH  AUTHORITY  HE  OR SHE CAUSES PHYSICAL INJURY TO SUCH
EMPLOYEE; OR
  11-B. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF  THE  NEW
YORK  CITY  HOUSING  AUTHORITY PERFORMING HIS OR HER LAWFUL DUTIES WHILE
LOCATED ON HOUSING PROJECT GROUNDS, REAL PROPERTY, OR A BUILDING  OWNED,
MANAGED,  OR OPERATED BY SUCH AUTHORITY HE OR SHE CAUSES PHYSICAL INJURY
TO SUCH EMPLOYEE; OR
  S 2. The provisions of subdivisions 3-b or 11-b of section  120.05  of
the  penal  law  shall  not  supersede other provisions of the penal law
applicable to assaults on police, peace, or special officers employed by
the New York city housing authority or other public employers,  perform-
ing their duties on housing project grounds, real property, or buildings
owned, managed or operated by such authority.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08515-02-4

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