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.