senate Bill S3809A

Signed By Governor
2011-2012 Legislative Session

Relates to assault on a New York city sanitation worker

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Archive: Last Bill Status Via A6062 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.377
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1455
substituted for s3809a
Jun 21, 2012 substituted by a6062a
ordered to third reading cal.1455
committee discharged and committed to rules
Jun 17, 2012 print number 3809a
amend and recommit to codes
Jan 04, 2012 referred to codes
Mar 04, 2011 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S3809 - Bill Details

See Assembly Version of this Bill:
A6062A
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A6062A, S3809A
2009-2010: A5518B, S4394B

S3809 - Bill Texts

view summary

Relates to assault on a New York city sanitation worker; provides that such assault is either a class C felony or constitutes assault in the second degree when such assault is by means of releasing or failing to control an animal with the intent to obstruct such person from performing their lawful duties.

view sponsor memo
BILL NUMBER:S3809

TITLE OF BILL:
An act
to amend the penal law, in relation to assaulting a New York city
sanitation worker

PURPOSE OF BILL:
Raises an assault on a new York City Sanitation
worker while he or she is performing assigned duties.

SUMMARY OF SPECIFIC PROVISIONS:
Amends section 120.05 of the penal law to include New York City
sanitation workers to the list of workers where an assault upon such
would constitute assault in the second degree and a class D felony.

JUSTIFICATION:
New York City sanitation workers are under potential harassment and
stress at their jobs due to the actions of some citizens who resent
their adherence to the rules and regulations associated with their
positions. Many of these workers have been the victims of physical
violence while simply performing their duties. This bill would make
it a felony to assault these workers while they are performing their
duties. The current laws makes it a felony for assaulting police
officers, firefighters, peace officers, emergency medical service
professionals, city marshals and traffic enforcement personnel.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall
have become a law.

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

                                  3809

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 assaulting a New York city
  sanitation worker

  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, 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, 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,  he  or  she causes physical injury to such
peace officer, police  officer,  registered  nurse,  licensed  practical
nurse,  sanitation  enforcement  agent, NEW YORK CITY SANITATION WORKER,
firefighter, paramedic, technician or medical or related personnel in  a
hospital emergency department, city marshal, traffic enforcement officer
or traffic enforcement agent; or
  11.  With  intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09499-02-1

S. 3809                             2

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, NEW YORK CITY SANITA-
TION  WORKER,  registered  nurse  or  licensed practical nurse he or she
causes physical injury to such train operator, ticket inspector, conduc-
tor, signalperson, bus operator or station agent, city marshal,  traffic
enforcement  officer,  traffic  enforcement  agent,  registered nurse or
licensed practical nurse or sanitation enforcement agent, NEW YORK  CITY
SANITATION  WORKER,  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 practical nurse or  sanitation  enforcement
agent NEW YORK CITY SANITATION WORKER, is performing an assigned duty.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

S3809A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6062A
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A6062A, S3809A
2009-2010: A5518B, S4394B

S3809A (ACTIVE) - Bill Texts

view summary

Relates to assault on a New York city sanitation worker; provides that such assault is either a class C felony or constitutes assault in the second degree when such assault is by means of releasing or failing to control an animal with the intent to obstruct such person from performing their lawful duties.

view sponsor memo
BILL NUMBER:S3809A

TITLE OF BILL:
An act to amend the penal law, in relation to assaulting a New York
city sanitation worker

PURPOSE OF BILL:
Raises an assault on a new York City Sanitation worker while he or she
is performing assigned duties.

SUMMARY OF SPECIFIC PROVISIONS:
Amends section 120.05 of the penal law to include New York City
sanitation workers to the list of workers where an assault upon such
would constitute assault in the second degree and a class D felony.

JUSTIFICATION:
New York City sanitation workers are under potential harassment and
stress at their jobs due to the actions of some citizens who resent
their adherence to the rules and regulations associated with their
positions. Many of these workers have been the victims of physical
violence while simply performing their duties. This bill would make it
a felony to assault these workers while they are performing their
duties. The current laws makes it a felony for assaulting police
officers, firefighters, peace officers, emergency medical service
professionals, city marshals and traffic enforcement personnel.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3809--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced  by  Sen.  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 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the penal law, in relation to assaulting a New York city
  sanitation worker

  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, 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, 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, he or she  causes  physical  injury  to  such
peace  officer,  police  officer,  registered  nurse, licensed practical
nurse, sanitation enforcement agent, NEW YORK  CITY  SANITATION  WORKER,
firefighter,  paramedic, technician or medical or related personnel in a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09499-04-2

S. 3809--A                          2

hospital emergency department, city marshal, traffic enforcement officer
or traffic enforcement agent; 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, NEW YORK CITY
SANITATION WORKER, registered nurse or licensed practical  nurse  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 [or], sanitation enforcement agent[,] OR NEW
YORK  CITY  SANITATION  WORKER,  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 enforce-
ment  agent,  registered nurse or licensed practical nurse [or], sanita-
tion enforcement agent OR NEW YORK CITY SANITATION WORKER, is performing
an assigned duty.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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