senate Bill S4006

Amended

Adds employees of the office of children and family services to the list of public employees for which prevention of duties constitutes assault in the second degree

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Sponsor

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 / 2013
    • REFERRED TO CODES
  • 19 / Mar / 2013
    • 1ST REPORT CAL.263
  • 20 / Mar / 2013
    • AMENDED 4006A
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 16 / Apr / 2013
    • PASSED SENATE
  • 16 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 16 / Apr / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO CODES
  • 10 / Feb / 2014
    • PRINT NUMBER 4006B
  • 20 / May / 2014
    • 1ST REPORT CAL.901
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

Adds employees of the office of children and family services to the list of public employees for which prevention of duties constitutes assault in the second degree.

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Bill Details

Versions:
S4006
S4006A
S4006B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S7515

Votes

15
1
15
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S4006

TITLE OF BILL: An act to amend the penal law, in relation to
including employees of the office of children and family services on
the list of public employees for which prevention of duties qualifies
as assault in the second degree

SUMMARY OF PROVISIONS:

This bill would amend subdivisions 3 and 11 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
a secure or limited secure residential facility licensed and operated
by the Office of Children and Family Services from assault.

JUSTIFICATION:

This bill is needed to protect staff at OCFS secure or limited secure
residential facilities who arc being brutalized by youth who have been
sentenced to these facilities.

Unfortunately, assaults to these employees are not uncommon, and far
too often result in serious injuries. 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
these employees.

These 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:

2012 S. 7515 Passed Senate/A.10539 - Codes Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate

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

                                  4006

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to including employees of the
  office of children and family services on the list of public employees
  for which prevention of duties qualifies  as  assault  in  the  second
  degree

  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  amended  by  chapter 377 of the laws of 2012, 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, OR EMPLOYEE  OF  A  SECURE  OR  LIMITED  SECURE  RESIDENTIAL
FACILITY  ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES, 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, OR EMPLOYEE OF A  SECURE  OR  LIMITED  SECURE
RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN
AND  FAMILY  SERVICES,  he  or  she causes physical injury to such peace
officer, police officer, registered  nurse,  licensed  practical  nurse,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06560-01-3

S. 4006                             2

sanitation  enforcement  agent,  New  York city sanitation worker, fire-
fighter, paramedic, technician or medical  or  related  personnel  in  a
hospital emergency department, city marshal, traffic enforcement officer
or  traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE
RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES; 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, sanitation enforcement agent, New York  city  sanita-
tion worker, registered nurse or licensed practical nurse OR EMPLOYEE OF
A  SECURE  OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPER-
ATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,  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, sanitation enforcement agent  [or],  New  York
city  sanitation worker, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
DENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES, 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,  regis-
tered  nurse  or  licensed practical nurse, sanitation enforcement agent
[or], New York city sanitation worker, OR EMPLOYEE OF A SECURE OR LIMIT-
ED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY  THE  OFFICE
OF CHILDREN AND FAMILY SERVICES, is performing an assigned duty.
  S 2. This act shall take effect immediately.

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