senate Bill S7515

2011-2012 Legislative Session

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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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1258
committee discharged and committed to rules
May 30, 2012 referred to codes

Votes

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S7515 - Bill Details

See Assembly Version of this Bill:
A10539
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L

S7515 - Bill Texts

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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 NUMBER:S7515

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.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  7515

                            I N  S E N A T E

                              May 30, 2012
                               ___________

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  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 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 officer, police officer, registered nurse, licensed prac-
tical nurse, sanitation enforcement agent, firefighter, paramedic, tech-
nician, 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,  sanitation  enforcement
agent,  firefighter, paramedic, technician or medical or related person-
nel in a hospital emergency department, city marshal,  traffic  enforce-
ment  officer  or  traffic enforcement agent, OR EMPLOYEE OF A SECURE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16001-01-2

S. 7515                             2

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  or sanitation enforcement agent, registered nurse or
licensed practical nurse OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
DENTIAL FACILITY ADMINISTERED AND 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,  registered  nurse  or  licensed practical nurse [or], sanitation
enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL
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  [or],  sanitation  enforcement
agent  OR  EMPLOYEE  OF  A SECURE OR LIMITED 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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