S T A T E O F N E W Y O R K
________________________________________________________________________
6391
2019-2020 Regular Sessions
I N A S S E M B L Y
March 7, 2019
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred 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.
LBD08543-01-9
A. 6391 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.