S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2728
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens.  GRIFFO, AVELLA -- 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,
 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
 sion  11  as  separately  amended by chapters 268 and 281 of the laws of
 2016, 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, public health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city sanitation worker, a firefighter, including  a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering  first  aid  in the course of performance of duty as such fire-
 fighter, an emergency medical service  paramedic  or  emergency  medical
 service  technician, or medical or related personnel in a hospital emer-
 gency department, a city marshal,  a  school  crossing  guard  appointed
 pursuant  to section two hundred eight-a of the general municipal law, a
 traffic enforcement officer, traffic enforcement agent  or  employee  of
 any  entity governed by the public service law in the course of perform-
 ing an essential service, 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, prosecutor as defined in subdivi-
 sion thirty-one of section 1.20 of the criminal  procedure  law,  regis-
 tered  nurse,  licensed  practical  nurse, public health sanitarian, New
 York city public health sanitarian, sanitation  enforcement  agent,  New
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02067-01-7

 S. 2728                             2
 
 York  city  sanitation  worker, firefighter, paramedic, technician, city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement  agent  or employee of an entity governed by the public
 service law, 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, public health sanitarian, New York city  public  health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er,  firefighter,  paramedic, technician or medical or related personnel
 in a hospital emergency department, city marshal, school crossing guard,
 traffic enforcement officer, traffic enforcement agent or employee of an
 entity governed by the public service law, 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, station agent, station
 cleaner or terminal cleaner 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  school
 crossing  guard appointed pursuant to section two hundred eight-a of the
 general municipal law, a traffic enforcement officer,  traffic  enforce-
 ment  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,  public health sanitarian, New York city
 public health sanitarian, registered nurse,  licensed  practical  nurse,
 emergency  medical  service  paramedic,  [or]  emergency medical service
 technician, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACIL-
 ITY LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, he or she causes physical injury to such train operator, tick-
 et inspector, conductor,  signalperson,  bus  operator,  station  agent,
 station cleaner or terminal cleaner, city marshal, school crossing guard
 appointed pursuant to section two hundred eight-a of the general munici-
 pal  law, 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,  public
 health  sanitarian,  New  York city public health sanitarian, sanitation
 enforcement agent, New York city sanitation  worker,  emergency  medical
 service paramedic, [or] emergency medical service technician, OR EMPLOY-
 EE  OF  A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED, CERTI-
 FIED 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, including the cleaning of a train or
 bus station or terminal, or such city marshal,  school  crossing  guard,
 traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure law, registered nurse,  licensed  practical  nurse,  public  health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city sanitation worker, emergency  medical  service
 paramedic,  [or]  emergency medical service technician, 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; or
   § 2. This act shall take effect immediately.