senate Bill S6382

2013-2014 Legislative Session

Elevates assault of a utility worker in the second degree to a class D felony

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2014 referred to codes

Co-Sponsors

S6382 - Bill Details

See Assembly Version of this Bill:
A9011
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L

S6382 - Bill Texts

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Elevates assault of a utility worker in the second degree to a class D felony; includes an employee of an entity governed by the public service law within such provisions.

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BILL NUMBER:S6382

TITLE OF BILL: An act to amend the penal law, in relation to
elevating an assault of a utility worker in the second degree to a
class D felony

PURPOSE:

The bill elevates assault of a utility worker in the second degree to
a class D felony.

SUMMARY OF PROVISIONS:

This bill would amend subdivision 3 of section 120.05 of the penal law
elevating an assault in the third degree to a class D felony when a
utility worker performing an essential service is injured during the
course of performing his/her lawful duty.

JUSTIFICATION:

Utility workers are with increasing frequency the victims of assault
and aggression. In particular, customer field representatives, who
read meters and make repairs, are vulnerable to crime because they
work outdoors, at all hours of the night and enter crime-ridden, drug
infested buildings. It has been reported that utility workers have
been shot, stabbed, and even in some instances killed. It is currently
a felony to cause injury to peace officers, police officers,
firefighters or emergency medical workers with the intent to prevent
them from performing their duties. This bill would reclassify assaults
on utility workers from misdemeanors to felonies.

LEGISLATIVE HISTORY:

2011: S2965-Referred to Codes
2009-2010: S196-Referred to Codes
2007-2008: S1014-Referred to Codes
2005-2006: S626-Referred to Codes
2003-2004: S2531-Referred to Codes
2001-2002: S896-Referred to Codes
1999-2000: S521-Referred to Codes

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

First day of November next succeeding the date on which it shall
become a law.

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

                                  6382

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen.  LARKIN -- 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 elevating an assault of  a
  utility worker in the second degree to a class D felony

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  120.05  of  the  penal  law,  as
amended  by  chapter  259  of  the  laws  of 2013, is 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 ANY ENTITY GOVERNED BY
THE PUBLIC SERVICE LAW IN THE COURSE OF PERFORMING AN ESSENTIAL SERVICE,
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,  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,  firefighter,  paramedic,  technician,  city  marshal,   traffic
enforcement officer or traffic enforcement agent, he or she causes phys-
ical 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, firefighter, paramedic,  techni-
cian or medical or related personnel in a hospital emergency department,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11655-02-4

S. 6382                             2

city  marshal,  traffic  enforcement  officer  [or], traffic enforcement
agent OR EMPLOYEE OF AN ENTITY GOVERNED BY THE PUBLIC SERVICE LAW; 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.

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