NY State Senate Bill 2019-S172

Senate Bill S172

2019-2020 Legislative Session

Relates to the offense of assault in the second degree and employees of domestic violence shelters and persons seeking shelter in such shelters

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 17, 2020	notice of committee consideration - requested
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

co-Sponsors

2019-S172 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4311
2021-2022: S2580
2023-2024: S2550

2019-S172 (ACTIVE) - Summary

Expands the offense of assault in the second degree to include the infliction of physical injury to employees of domestic violence shelters and persons seeking shelter in such shelters.

2019-S172 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S172

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the penal law, in relation to expanding the offense of
assault in the second degree to include the infliction of physical inju-
ry to employees of domestic violence shelters and persons seeking shel-
ter in such shelters

 
PURPOSE:

Provides expanded protections to employees of domestic violence shelters
and on those seeking shelter in such domestic violence shelters.

 
SUMMARY OF PROVISIONS:

This bill would add a new subdivision 3-d to Section 120.05 of the Penal
Law

JUSTIFICATION:

Current law provides added protections to various types of employees
including police officers, firefighters, medical personnel, as well as
employees of local social service districts who are directly involved in
abuse and neglect investigations related to children, vulnerable elderly
people and incompetent or physically disabled people. This bill would
expand those protections to include employees of domestic violence shel-
ters and well as those seeking shelter themselves making crimes against
them to be considered assault in the second degree. At a time when
domestic violence victims are extremely vulnerable, these extra
protections are needed.

Additionally, those seeking shelter have not been the only ones at risk.
There have also been instances in domestic violence cases where the
abuser cannot get to the victim and will instead attack an employee of a
shelter as a way to send a message. This bill would add protections for
these employees as well.

 
LEGISLATIVE HISTORY:

2018: S.4311 passed Senate/A.8731 referred to Codes
2017: S.4311 passed Senate/A.8731 referred to Codes

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
On the first of November after it shall have become a law.

2019-S172 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    172
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  HELMING,  FUNKE,  YOUNG -- 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 expanding the  offense  of
   assault  in  the  second  degree to include the infliction of physical
   injury to employees of domestic violence shelters and persons  seeking
   shelter in such shelters
 
   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 a  new
 subdivision 3-d to read as follows:
   3-D. (A) WITH INTENT TO PREVENT AN EMPLOYEE OF DOMESTIC VIOLENCE SHEL-
 TERS  FROM  PERFORMING  HIS  OR  HER  LAWFUL DUTIES WHILE LOCATED ON THE
 GROUNDS, REAL PROPERTY, OR A BUILDING OWNED,  MANAGED,  OR  OPERATED  BY
 SUCH  DOMESTIC  VIOLENCE  SHELTERS  OR  WITHIN FIVE HUNDRED FEET OF SUCH
 SHELTERS, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE; AND
   (B) WITH INTENT TO PREVENT PERSONS SEEKING SERVICES FROM SUCH DOMESTIC
 VIOLENCE SHELTERS AND/OR RESIDING IN SUCH SHELTERS  FROM  ACCESSING  THE
 GROUNDS,  REAL  PROPERTY,  OR  A BUILDING OWNED, MANAGED, OR OPERATED BY
 SUCH DOMESTIC VIOLENCE SHELTERS OR WITHIN  FIVE  HUNDRED  FEET  OF  SUCH
 SHELTERS, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH PERSON; OR
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04922-01-9

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Senate Bill S172

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Sponsored By

Pamela Helming