Assembly Bill A4672D

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

                                  4672

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred 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


              

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

                                 4672--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of A. P. RIVERA, STEVENSON, N. RIVERA -- Multi-Spon-
  sored by -- M. of A.  CALHOUN,  SALADINO,  TITONE  --  read  once  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.
                                                           LBD00451-02-1


              

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

                                 4672--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA, STEVENSON, N. RIVERA, JEFFRIES --
  Multi-Sponsored by -- M. of A. CALHOUN, SALADINO, TITONE -- read  once
  and  referred  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, 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
enforcement officer or traffic enforcement agent, OR EMPLOYEE OF A LOCAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00451-05-1
              

A. 4672--B                          2

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.

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

                                 4672--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced by M. of A. P. RIVERA, PERRY, STEVENSON, N. RIVERA, JEFFRIES,
  CASTRO,  HEASTIE,  COLTON,  MENG, GUNTHER, LANCMAN, LAVINE, RODRIGUEZ,
  SKARTADOS, SCHIMMINGER, COOK, CLARK, HOOPER, ROBERTS,  ORTIZ,  BARRETT
  --  Multi-Sponsored  by -- M. of A. ARROYO, BURLING, CALHOUN, CERETTO,
  CRESPO, DenDEKKER, DUPREY, FINCH, GIBSON,  GOODELL,  GOTTFRIED,  GRAF,
  JACOBS,  P. LOPEZ,  LOSQUADRO, MAGEE, MALLIOTAKIS, McDONOUGH, McENENY,
  McKEVITT, MILLMAN, MONTESANO, RA, ROBINSON, SALADINO,  SAYWARD,  SCAR-
  BOROUGH,  SIMANOWITZ,  SWEENEY,  TENNEY,  TITONE, TITUS, WEISENBERG --
  read once  and  referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  recommitted  to the Committee on Codes in accordance with Assembly
  Rule  3,  sec.  2  --  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
  local social services districts 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 two
new subdivisions 3-a and 11-a to read as follows:
  3-A. WITH INTENT TO PREVENT AN EMPLOYEE OF  A  LOCAL  SOCIAL  SERVICES
DISTRICT  DIRECTLY  INVOLVED  IN INVESTIGATION OF OR RESPONSE TO ALLEGED
ABUSE OR NEGLECT OF A CHILD, A VULNERABLE ELDERLY PERSON OR AN  INCOMPE-
TENT  OR  PHYSICALLY DISABLED PERSON, FROM PERFORMING SUCH INVESTIGATION
OR RESPONSE, THE ACTOR, NOT BEING SUCH CHILD, VULNERABLE ELDERLY  PERSON
OR  INCOMPETENT OR PHYSICALLY DISABLED PERSON, CAUSES PHYSICAL INJURY TO
SUCH EMPLOYEE INCLUDING BY MEANS OF RELEASING OR FAILING TO  CONTROL  AN
ANIMAL  UNDER  CIRCUMSTANCES EVINCING THE ACTOR'S INTENT THAT THE ANIMAL
OBSTRUCT THE LAWFUL ACTIVITIES OF SUCH EMPLOYEE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00451-10-2

              

A. 4672--C                          2

  11-A. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF  A  LOCAL
SOCIAL  SERVICES  DISTRICT  DIRECTLY  INVOLVED  IN  INVESTIGATION  OF OR
RESPONSE TO ALLEGED ABUSE OR NEGLECT  OF  A  CHILD,  VULNERABLE  ELDERLY
PERSON  OR  AN INCOMPETENT OR PHYSICALLY DISABLED PERSON, THE ACTOR, NOT
BEING SUCH CHILD, VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY
DISABLED  PERSON,  CAUSES  PHYSICAL  INJURY  TO SUCH EMPLOYEE WHILE SUCH
EMPLOYEE IS PERFORMING SUCH INVESTIGATION OR RESPONSE; OR
  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.