senate Bill S4006B

2013-2014 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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Sponsored By

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

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.901
Feb 10, 2014 print number 4006b
amend and recommit to codes
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Apr 16, 2013 referred to codes
delivered to assembly
passed senate
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
amended 4006a
Mar 19, 2013 1st report cal.263
Mar 04, 2013 referred to codes

Votes

view votes

May 20, 2014 - Codes committee Vote

S4006B
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 20, 2014

aye wr (1)

Mar 19, 2013 - Codes committee Vote

S4006
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4006 - Bill Details

See Assembly Version of this Bill:
A2680B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7515, A10539
2009-2010: S8117

S4006 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4006

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

LEGISLATIVE HISTORY:

2012 S. 7515 Passed Senate/A.10539 - Codes Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate

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

                                  4006

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

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  amended  by  chapter 377 of the laws of 2012, 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, New
York  city  sanitation  worker,  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 techni-
cian, or medical or related personnel in a  hospital  emergency  depart-
ment,  a city marshal, a traffic enforcement officer or traffic enforce-
ment 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 offi-
cer, police officer, registered nurse, licensed practical nurse, sanita-
tion enforcement agent, New York city  sanitation  worker,  firefighter,
paramedic,  technician,  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06560-01-3

S. 4006                             2

sanitation  enforcement  agent,  New  York city sanitation worker, fire-
fighter, paramedic, technician or medical  or  related  personnel  in  a
hospital emergency department, 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; 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, sanitation enforcement agent, New York  city  sanita-
tion worker, registered nurse or licensed practical nurse OR EMPLOYEE OF
A  SECURE  OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPER-
ATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,  he  or  she  causes
physical  injury  to  such  train operator, ticket inspector, conductor,
signalperson, bus operator  or  station  agent,  city  marshal,  traffic
enforcement  officer,  traffic enforcement agent, registered nurse [or],
licensed practical nurse, sanitation enforcement agent  [or],  New  York
city  sanitation worker, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
DENTIAL 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, sanitation enforcement agent
[or], New York city sanitation worker, OR EMPLOYEE OF A SECURE OR LIMIT-
ED 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.

S4006A - Bill Details

See Assembly Version of this Bill:
A2680B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7515, A10539
2009-2010: S8117

S4006A - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4006A

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, certified
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.

LEGISLATIVE HISTORY:

2012 S.7515 Passed Senate/A.10539 - Codes Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:.

Immediate.

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

                                 4006--A
    Cal. No. 263

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said  committee,  ordered to first report, amended on first
  report, ordered to a second report, and to be  reprinted  as  amended,
  retaining its place in the order of second report

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 amended by chapter 377 of the laws of 2012, 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, New
York city sanitation worker,  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 techni-
cian,  or  medical  or related personnel in a hospital emergency depart-
ment, a city marshal, a traffic enforcement officer or traffic  enforce-
ment  agent,  OR  EMPLOYEE  OF  A  SECURE  OR LIMITED SECURE RESIDENTIAL
FACILITY LICENSED, CERTIFIED OR 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  practical
nurse,  sanitation  enforcement  agent, New York city sanitation worker,
firefighter, paramedic, technician, city  marshal,  traffic  enforcement
officer or traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06560-03-3

S. 4006--A                          2

SECURE  RESIDENTIAL  FACILITY  LICENSED,  CERTIFIED  OR  OPERATED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES, he or she causes physical injury
to such peace officer, police officer, registered nurse, licensed  prac-
tical  nurse,  sanitation  enforcement  agent,  New York city sanitation
worker, 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
LIMITED SECURE RESIDENTIAL FACILITY LICENSED, CERTIFIED OR  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,  sanitation enforcement agent, New York city sanita-
tion worker, registered nurse or licensed practical nurse OR EMPLOYEE OF
A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED,  CERTIFIED  OR
OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, he or she causes
physical  injury  to  such  train operator, ticket inspector, conductor,
signalperson, bus operator  or  station  agent,  city  marshal,  traffic
enforcement  officer,  traffic enforcement agent, registered nurse [or],
licensed practical nurse, sanitation enforcement agent  [or],  New  York
city  sanitation worker, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
DENTIAL FACILITY LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF  CHIL-
DREN  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, registered nurse or licensed practical nurse, sanitation enforce-
ment agent [or], New York city  sanitation  worker,  OR  EMPLOYEE  OF  A
SECURE  OR  LIMITED  SECURE  RESIDENTIAL FACILITY LICENSED, CERTIFIED OR
OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, is performing an
assigned duty.
  S 2. This act shall take effect immediately.

Co-Sponsors

S4006B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2680B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7515, A10539
2009-2010: S8117

S4006B (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4006B

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 section 120.05, specifying that any act constituting a
misdemeanor assault in the third degree pursuant to Penal Law section
120.00 would be elevated to a class D felony offense if committed
against an employee of a secure or limited secure residential facility
licensed, certified and operated by the Office of Children and Family
Services.

JUSTIFICATION: This bill is needed to protect staff at OCFS secure or
limited secure residential facilities who are 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
employees at OCFS secure facilities. 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.

LEGISLATIVE HISTORY: 2013 - S. 4006a Passed Senate /A. 2680a - Codes
Committee. 2012 - S. 7515 Passed Senate/A. 10539 - Codes Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

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

                                 4006--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said  committee,  ordered to first report, amended on first
  report, ordered to a second report, and to be  reprinted  as  amended,
  retaining  its  place  in the order of second report -- recommitted to
  the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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  amended  by  chapter 259 of the laws of 2013, are amended to read as
follows:
  3. With intent to prevent a peace officer, a police officer,  prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure  law,  registered  nurse, licensed practical nurse, sanitation
enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician  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 hospi-
tal emergency department, a city marshal, a traffic enforcement  officer
or  traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE
RESIDENTIAL FACILITY LICENSED, CERTIFIED OR 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06560-04-4

S. 4006--B                          2

of such peace officer, police officer, prosecutor as defined in subdivi-
sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York  city  sanitation  worker, firefighter, paramedic, technician, city
marshal, traffic enforcement officer or traffic  enforcement  agent,  OR
EMPLOYEE  OF  A  SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED,
CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,  he
or  she  causes  physical  injury to such peace officer, police officer,
prosecutor as defined in subdivision thirty-one of section 1.20  of  the
criminal  procedure  law,  registered  nurse,  licensed practical nurse,
sanitation enforcement agent, New York  city  sanitation  worker,  fire-
fighter,  paramedic,  technician  or  medical  or related personnel in a
hospital emergency department, city marshal, traffic enforcement officer
or traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED  SECURE
RESIDENTIAL  FACILITY  LICENSED,  CERTIFIED OR 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, prosecutor as defined in  subdivision  thirty-one  of
section  1.20  of  the  criminal  procedure  law, sanitation enforcement
agent, New York city sanitation worker,  registered  nurse  or  licensed
practical  nurse  OR  EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL
FACILITY LICENSED, CERTIFIED OR 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, prosecutor as defined in subdivision thirty-one of  section  1.20
of  the  criminal  procedure  law,  registered nurse, licensed practical
nurse, sanitation enforcement agent [or], New York city sanitation work-
er, OR EMPLOYEE OF A  SECURE  OR  LIMITED  SECURE  RESIDENTIAL  FACILITY
LICENSED,  CERTIFIED  OR  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,  prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal  procedure  law, registered nurse, licensed practical nurse, sanita-
tion enforcement  agent  [or],  New  York  city  sanitation  worker,  OR
EMPLOYEE  OF  A  SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED,
CERTIFIED OR 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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