Senate Bill S3710

                                 BILL NUMBER:  S3710

 TITLE OF BILL :

An act to amend the penal law, in relation to assaults against certain
employees of state and local government agencies


 PURPOSE :

The objective of this legislation is to accord stronger protection
than currently exists under the State's Penal Law against assaults on
public employees throughout New York State.

 SUMMARY OF PROVISIONS :

This legislation would amend New York's Penal Law by adding a new
subdivision 13 to Section 120.05 to classify on-the-job assaults
against public employees as second-degree assaults.

 EXISTING LAW :

Section 120.05 of the Penal Law includes, among other provisions,
classification as second-degree assault the intentional infliction of
injuries on peace officers, police officers, firefighters, paramedics
and emergency medical service technicians and transit workers.
              

Assault in the second degree is a Class D felony that carries a
maximum sentence of seven years in prison.

At present, the law does not accord the other public employees
specified in this proposal legal protection greater than that of the
general public.

Under current law, intentional infliction of injuries on persons other
than those specified above is a Class A misdemeanor, which carries a
maximum penalty of one year in prison.

 JUSTIFICATION :

This bill recognizes that a wide variety of public employees perform
functions that are essential to maintaining public health, safety and
quality of life. Their duties require them to interact with citizens
in a wide variety of settings. This may expose them to the risk of an
assault in the performance of their duties on behalf of the public. In
fact, assault on the job is one of the most frequent causes of serious
injuries for public employees. This bill would allow for stronger
enforcement against such assaults and thereby protect not just these
workers, but also the orderly operation of public services.

 LEGISLATIVE HISTORY :

2007-08, S.4315/A.6185.
2005-06, S.194/A.9535, passed Senate both years.
2003-04, S.1387/A.3290, passed Senate.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.