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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 - In Assembly Committee

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co-Sponsors

2011-S641 - Details

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

2011-S641 - 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.

2011-S641 - Sponsor Memo

2011-S641 - Bill Text download pdf

                            
                    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

2011-S641A - Details

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

2011-S641A - 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.

2011-S641A - Sponsor Memo

2011-S641A - Bill Text 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

2011-S641B (ACTIVE) - Details

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

2011-S641B (ACTIVE) - 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.

2011-S641B (ACTIVE) - Sponsor Memo

2011-S641B (ACTIVE) - Bill 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.
              

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