senate Bill S3965A

Signed By Governor
2013-2014 Legislative Session

Imposes increased penalties on assaults of certain New York city housing authority employees

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (28)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 04, 2014 signed chap.197
Jul 31, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading rules cal.539
substituted for a4999a
Jun 16, 2014 referred to codes
returned to assembly
repassed senate
Jun 09, 2014 amended on third reading 3965a
vote reconsidered - restored to third reading
Jun 06, 2014 returned to senate
recalled from assembly
May 28, 2014 referred to codes
delivered to assembly
passed senate
Mar 27, 2014 advanced to third reading
Mar 26, 2014 2nd report cal.
Mar 25, 2014 1st report cal.361
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 13, 2013 referred to codes
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1333
committee discharged and committed to rules
Mar 01, 2013 referred to codes

Votes

view votes

Mar 25, 2014 - Codes committee Vote

S3965
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 17, 2013 - Rules committee Vote

S3965
21
1
committee
21
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 12, 2013 - Rules committee Vote

S3965
21
1
committee
21
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3965 - Bill Details

See Assembly Version of this Bill:
A4999A
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L

S3965 - Bill Texts

view summary

Imposes increased penalties on assaults of certain New York city housing authority employees.

view sponsor memo
BILL NUMBER:S3965

TITLE OF BILL: An act to amend the penal law, in relation to
protecting certain employees of the New York city housing authority
from assault

PURPOSE: This bill enhances the criminal penalties for assaulting
employees of the New York City Housing Authority district while in
performance of their duties.

SUMMARY OF PROVISIONS: This bill would add new subdivisions 3-b and
11-b of the Penal Law § 120.05, specifying that any act constituting a
misdemeanor assault in the third decree pursuant to Penal Law § 120.00
would be elevated to a class E nonviolent felony offense if committed
against an employee of the New York City Housing Authority performing
duties at a housing project owned, menaced, or operated by the
Authority.

JUSTIFICATION: New York City Housing Authority employees performing
duties on or at a housing project owned, managed, or operated by the
Authority Local 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, peace and special officers and specific social service and
transit personnel, but does not intend such protection to employees
providing the public with other essential services. Employees require
and deserve the same level of protection provided by a felony charge
that would deter members of the public from the use of Physical force
to injure, threaten, or intimidate.

According to recent reports, crime is up fourteen percent in New York
City Housing Authority developments form 2010-2012. A caretaker
employee at South Jamaica Houses in Queens recently fought off an
attempted rape in a publicized case. The District Attorney's office
only charged the assailant with criminal "mischief," Another Authority
employee was shot at Howard Houses. Other employees have been stabbed,
robbed, and threatened. Cameras and surveillance equipment are
lacking. Lighting is often poor.

Clearly, society needs to express its view through the Penal Law that
these assaults are serious crimes against individuals and the public
to be prosecuted seriously as felonies not mischief.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Thirty days after it shall become law.

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

                                  3965

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 1, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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 protecting certain employ-
  ees of the New York city housing authority 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-b and 11-b to read as follows:
  3-B. WITH INTENT TO PREVENT AN EMPLOYEE OF THE NEW YORK  CITY  HOUSING
AUTHORITY  FROM  PERFORMING  HIS  OR HER DUTIES WHILE LOCATED ON HOUSING
PROJECT GROUNDS, REAL PROPERTY, OR A BUILDING OWNED, MANAGED,  OR  OPER-
ATED  BY SUCH AUTHORITY HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOY-
EE; OR
  11-B. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF  THE  NEW
YORK  CITY  HOUSING AUTHORITY PERFORMING HIS OR HER DUTIES WHILE LOCATED
ON HOUSING PROJECT GROUNDS, REAL PROPERTY, OR A BUILDING OWNED, MANAGED,
OR OPERATED BY SUCH AUTHORITY HE OR  SHE  PREVENTS  SUCH  EMPLOYEE  FROM
PERFORMING  HIS OR HER DUTIES, OR CAUSES PHYSICAL INJURY TO SUCH EMPLOY-
EE; OR
  S 2. The provisions of subdivisions 3-b or 11-b of section  120.05  of
the  penal  law  shall  not  supersede other provisions of the penal law
applicable to assaults on police, peace, or special officers employed by
the New York city housing authority or other public employers,  perform-
ing their duties on housing project grounds, real property, or buildings
owned, managed or operated by such authority.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08515-01-3

Co-Sponsors

S3965A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4999A
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L

S3965A (ACTIVE) - Bill Texts

view summary

Imposes increased penalties on assaults of certain New York city housing authority employees.

view sponsor memo
BILL NUMBER:S3965A

TITLE OF BILL: An act to amend the penal law, in relation to
protecting certain employees of the New York city housing authority
from assault

PURPOSE: This bill enhances the criminal penalties for assaulting
employees of the New York City Housing Authority district while in
performance of their duties.

SUMMARY OF PROVISIONS: This bill would add new subdivisions 3-b and
11-b 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 violent felony offense if committed
against an employee of the New York City Housing Authority performing
duties at a housing project owned, managed, or operated by the
Authority.

JUSTIFICATION: New York City Housing Authority employees performing
duties on or at a housing project owned, managed, or operated by the
Local Authority 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, peace and special officers and specific social service and
transit personnel, but does not extend such protection to employees
providing the public with other essential services. Employees require
and deserve the same level of protection provided by a felony charge
that would deter members of the public from the use of physical force
to injure, threaten, or intimidate.

According to recent reports, crime is up fourteen percent in New York
City Housing Authority developments from 2010-2012. A caretaker
employee at South Jamaica Houses in Queens recently fought off an
attempted rape in a publicized case. The District Attorney's office
only charged the assailant with criminal "mischief." Another Authority
employee was shot at Howard Houses. Other employees have been stabbed,
robbed, and threatened. Cameras and surveillance equipment are
lacking. Lighting is often poor.

Clearly, society needs to express its view through the Penal Law that
these assaults are serious crimes against individuals and the public
to be prosecuted seriously as felonies not mischief.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect thirty days after it shall
become law.

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

                                 3965--A
    Cal. No. 361

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 1, 2013
                               ___________

Introduced  by  Sens.  LANZA,  AVELLA,  GOLDEN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third reading, passed  by  Senate  and
  delivered  to  the  Assembly, recalled, vote reconsidered, restored to
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

AN ACT to amend the penal law, in relation to protecting certain employ-
  ees of the New York city housing authority 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-b and 11-b to read as follows:
  3-B.  WITH  INTENT TO PREVENT AN EMPLOYEE OF THE NEW YORK CITY HOUSING
AUTHORITY FROM PERFORMING HIS OR HER  LAWFUL  DUTIES  WHILE  LOCATED  ON
HOUSING PROJECT GROUNDS, REAL PROPERTY, OR A BUILDING OWNED, MANAGED, OR
OPERATED  BY  SUCH  AUTHORITY  HE  OR SHE CAUSES PHYSICAL INJURY TO SUCH
EMPLOYEE; OR
  11-B. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF  THE  NEW
YORK  CITY  HOUSING  AUTHORITY PERFORMING HIS OR HER LAWFUL DUTIES WHILE
LOCATED ON HOUSING PROJECT GROUNDS, REAL PROPERTY, OR A BUILDING  OWNED,
MANAGED,  OR OPERATED BY SUCH AUTHORITY HE OR SHE CAUSES PHYSICAL INJURY
TO SUCH EMPLOYEE; OR
  S 2. The provisions of subdivisions 3-b or 11-b of section  120.05  of
the  penal  law  shall  not  supersede other provisions of the penal law
applicable to assaults on police, peace, or special officers employed by
the New York city housing authority or other public employers,  perform-
ing their duties on housing project grounds, real property, or buildings
owned, managed or operated by such authority.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08515-02-4

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