senate Bill S641B

2011-2012 Legislative Session

Enhances the criminal penalties for assaulting employees of a local social services district or juvenile detention agency while in the performance of their duties

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 29, 2012 referred to codes
delivered to assembly
passed senate
Feb 14, 2012 advanced to third reading
Feb 13, 2012 2nd report cal.
Feb 07, 2012 1st report cal.179
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 21, 2011 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1449
committee discharged and committed to rules
Jun 10, 2011 print number 641b
amend and recommit to codes
May 24, 2011 print number 641a
amend (t) and recommit to codes
Jan 05, 2011 referred to codes

Votes

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Feb 7, 2012 - Codes committee Vote

S641B
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 21, 2011 - Rules committee Vote

S641B
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S641 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2113

S641 - Bill Texts

view summary

Enhances the criminal penalties for assaulting employees of a local social services district or a juvenile detention agency while in the performance of their duties; elevates it to assault in the second degree, a class D felony.

view sponsor memo
BILL NUMBER:S641

TITLE OF BILL:
An act
to amend the penal law, in relation to enhancing the criminal penalty
for assaulting employees of a local social services district

SUMMARY OF PROVISIONS:
This bill would add a subsection to Penal Law §120.05, entitled
Assault in the Second Degree, 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 any local social services district employee while
in direct contact with the public performing an assigned duty
providing, or directly related to providing, public assistance and
care.

JUSTIFICATION:
Local social services district employees working directly with their
customers in the provision of benefits, assistance, and services are
public servants on the front line of government's effort to protect
and care for those in need. In New York City, this includes employees
who work for the Administration for Children's Services, the
Department of Homeless Services, and the Human Resources
Administration.
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, and specific transit personnel, but does not extend
such protection to employees providing the public with other social
services. Local social services district 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.

PRIOR LEGISLATIVE HISTORY:
2007-2008: S.5991 - Referred to Rules, Referred to Codes, Passed
Senate
2009-2010: S.2113 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
90 days after it becomes law.

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

                                   641

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 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  enhancing  the  criminal
  penalty for assaulting employees of a local social services district

  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 a  new
subdivision 13 to read as follows:
  13. (A) WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF A LOCAL
SOCIAL  SERVICES  DISTRICT  WHILE  SUCH EMPLOYEE IS IN PERFORMANCE OF AN
ASSIGNED DUTY  PROVIDING,  OR  DIRECTLY  RELATED  TO  PROVIDING,  PUBLIC
ASSISTANCE  AND CARE, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE;
OR (B) HE OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE;  OR
(C)  WITH  CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH
EMPLOYEE BY MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00451-01-1

Co-Sponsors

S641A - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2113

S641A - Bill Texts

view summary

Enhances the criminal penalties for assaulting employees of a local social services district or a juvenile detention agency while in the performance of their duties; elevates it to assault in the second degree, a class D felony.

view sponsor memo
BILL NUMBER:S641A

TITLE OF BILL:
An act
to amend the penal law, in relation to
protecting employees of social services districts, local juvenile
detention agencies, and persons involved in cases handled by such
agencies from assault

SUMMARY OF PROVISIONS:
This bill would add a subdivision 13 to 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 any
local social services district, or juvenile detention facility while
performing an assigned duty providing, or directly related to
providing, public assistance and care.

JUSTIFICATION:
Local social services district and Juvenile Detention facilities
employees working directly with individuals in the provision of
benefits, assistance, and services 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, fire-fighters, paramedics, emergency room workers,
school employees, and specific transit personnel, but does not extend
such protection to employees providing the public with other social
services.
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.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
90 days after it becomes law.

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

                                 641--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  GOLDEN, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the penal law, in relation to  protecting  employees  of
  social  services  districts,  local  juvenile  detention agencies, and
  persons involved in cases handled by such agencies 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 a new
subdivision 13 to read as follows:
  13. (A) WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF A LOCAL
SOCIAL SERVICES DISTRICT OR A LOCAL JUVENILE DETENTION AGENCY WHILE SUCH
EMPLOYEE IS IN PERFORMANCE OF AN ASSIGNED DUTY  PROVIDING,  OR  DIRECTLY
RELATED  TO PROVIDING, PUBLIC ASSISTANCE AND CARE OR OTHER SERVICES THAT
FALL WITHIN THE JURISDICTION  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  OR  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OR THAT
RELATE TO ANY HEAD START PROGRAM, HE OR SHE CAUSES  PHYSICAL  INJURY  TO
SUCH  EMPLOYEE;  OR  (B)  HE OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO
SUCH EMPLOYEE WHILE SUCH EMPLOYEE IS IN THE PERFORMANCE OF SUCH DUTY; OR
(C) WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY  TO  SUCH
EMPLOYEE  BY  MEANS  OF  A DEADLY WEAPON OR A DANGEROUS INSTRUMENT WHILE
SUCH EMPLOYEE IS IN THE PERFORMANCE OF SUCH DUTY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00451-03-1

Co-Sponsors

view additional co-sponsors

S641B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2113

S641B (ACTIVE) - Bill Texts

view summary

Enhances the criminal penalties for assaulting employees of a local social services district or a juvenile detention agency while in the performance of their duties; elevates it to assault in the second degree, a class D felony.

view sponsor memo
BILL NUMBER:S641B

TITLE OF BILL:
An act
to amend the penal law, in relation to
protecting employees of social services districts, local juvenile
detention agencies, and persons involved in cases handled by such
agencies from assault

SUMMARY OF PROVISIONS:
This bill would amend subdivisions 3 and 11 of the Penal Law §120.0S,
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 nonviolent felony offense if committed against an employee of
any local social services district, or juvenile detention facility
while performing an assigned duty providing, or directly related to
providing, public assistance and care.

JUSTIFICATION:
Local social services district and Juvenile Detention facilities
employees working directly with individuals in the provision of
benefits, assistance, and services 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, and specific transit personnel, but does not extend
such protection to employees providing the public with other social
services. 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.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November 2011.

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

                                 641--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. GOLDEN, GALLIVAN, PARKER, ROBACH -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the penal law, in relation to  protecting  employees  of
  social  services  districts,  local  juvenile  detention agencies, and
  persons involved in cases handled by such agencies from assault

  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,  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 technician, or medical or related personnel in
a hospital emergency department, a city marshal, a  traffic  enforcement
officer  or  traffic  enforcement  agent,  OR EMPLOYEE OF A LOCAL SOCIAL
SERVICES DISTRICT OR EMPLOYEE AT A DETENTION FACILITY  ADMINISTERED  AND
OPERATED  BY  ANY  COUNTY  OR  THE  CITY  OF  NEW  YORK  PURSUANT TO THE
PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, 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  officer,  police  officer,
registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
agent,  firefighter,  paramedic,  technician,  city   marshal,   traffic

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00451-04-1

S. 641--B                           2

enforcement officer or traffic enforcement agent, OR EMPLOYEE OF A LOCAL
SOCIAL  SERVICES  DISTRICT  OR EMPLOYEE AT A DETENTION FACILITY ADMINIS-
TERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE
PROVISIONS  OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, he or she causes
physical injury to such peace officer, police officer, registered nurse,
licensed practical nurse,  sanitation  enforcement  agent,  firefighter,
paramedic,  technician  or  medical  or  related personnel in a hospital
emergency department, city marshal, traffic enforcement officer or traf-
fic enforcement agent, OR EMPLOYEE OF A LOCAL SOCIAL  SERVICES  DISTRICT
OR  EMPLOYEE  AT  A  DETENTION FACILITY ADMINISTERED AND OPERATED BY ANY
COUNTY OR THE CITY OF NEW YORK PURSUANT TO  THE  PROVISIONS  OF  ARTICLE
NINETEEN-G OF THE EXECUTIVE LAW; 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, registered nurse or
licensed practical  nurse,  OR  EMPLOYEE  OF  A  LOCAL  SOCIAL  SERVICES
DISTRICT  OR  EMPLOYEE AT A DETENTION FACILITY ADMINISTERED AND OPERATED
BY ANY COUNTY OR THE CITY OF NEW YORK  PURSUANT  TO  THE  PROVISIONS  OF
ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, he or she causes physical inju-
ry  to  such  train operator, ticket inspector, conductor, signalperson,
bus operator or station agent, city marshal, traffic  enforcement  offi-
cer,  traffic  enforcement agent, registered nurse or licensed practical
nurse [or], sanitation enforcement agent, OR EMPLOYEE OF A LOCAL  SOCIAL
SERVICES  DISTRICT  OR EMPLOYEE AT A DETENTION FACILITY ADMINISTERED AND
OPERATED BY ANY  COUNTY  OR  THE  CITY  OF  NEW  YORK  PURSUANT  TO  THE
PROVISIONS  OF  ARTICLE  NINETEEN-G  OF  THE  EXECUTIVE  LAW, 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 practi-
cal nurse [or], sanitation enforcement agent, OR  EMPLOYEE  OF  A  LOCAL
SOCIAL  SERVICES  DISTRICT  OR EMPLOYEE AT A DETENTION FACILITY ADMINIS-
TERED AND OPERATED BY ANY COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE
PROVISIONS OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW, is performing  an
assigned duty.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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