senate Bill S4006B

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 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

See Assembly Version of this Bill:
A2680B
Versions:
S4006
S4006A
S4006B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S7515, A10539, S7515
2009-2010: S8117

Sponsor Memo

BILL NUMBER:S4006B

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 section 120.05, specifying that any act constituting a
misdemeanor assault in the third degree pursuant to Penal Law section
120.00 would be elevated to a class D felony offense if committed
against an employee of a secure or limited secure residential facility
licensed, certified and operated by the Office of Children and Family
Services.

JUSTIFICATION: This bill is needed to protect staff at OCFS secure or
limited secure residential facilities who are 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
employees at OCFS secure facilities. 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: 2013 - S. 4006a Passed Senate /A. 2680a - Codes
Committee. 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--B

                       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 -- reported  favora-
  bly  from  said  committee,  ordered to first report, amended on first
  report, ordered to a second report, and to be  reprinted  as  amended,
  retaining  its  place  in the order of second report -- 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 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 259 of the laws of 2013, are amended to read as
follows:
  3. With intent to prevent a peace officer, a police officer,  prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure  law,  registered  nurse, licensed practical nurse, sanitation
enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician  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 hospi-
tal emergency department, a city marshal, a traffic enforcement  officer
or  traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE
RESIDENTIAL FACILITY LICENSED, CERTIFIED OR 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06560-04-4

S. 4006--B                          2

of such peace officer, police officer, prosecutor as defined in subdivi-
sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
tered nurse, licensed practical nurse, sanitation 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 LICENSED,
CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,  he
or  she  causes  physical  injury to such peace officer, police officer,
prosecutor as defined in subdivision thirty-one of section 1.20  of  the
criminal  procedure  law,  registered  nurse,  licensed practical nurse,
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  LICENSED,  CERTIFIED OR 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, prosecutor as defined in  subdivision  thirty-one  of
section  1.20  of  the  criminal  procedure  law, sanitation enforcement
agent, New York city sanitation worker,  registered  nurse  or  licensed
practical  nurse  OR  EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL
FACILITY LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF  CHILDREN  AND
FAMILY  SERVICES,  he or she causes physical injury to such train opera-
tor, ticket inspector, conductor, signalperson, bus operator or  station
agent,  city  marshal,  traffic enforcement officer, traffic enforcement
agent, prosecutor as defined in subdivision thirty-one of  section  1.20
of  the  criminal  procedure  law,  registered nurse, licensed practical
nurse, sanitation enforcement agent [or], New York city sanitation work-
er, OR EMPLOYEE OF A  SECURE  OR  LIMITED  SECURE  RESIDENTIAL  FACILITY
LICENSED,  CERTIFIED  OR  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,  prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal  procedure  law, registered nurse, licensed practical nurse, sanita-
tion enforcement  agent  [or],  New  York  city  sanitation  worker,  OR
EMPLOYEE  OF  A  SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED,
CERTIFIED OR 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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