Senate Bill S4222

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4222
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 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,
 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
 sion  11  as  amended by chapter 233 of the laws of 2022, 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04466-01-3
              

 S. 4222                             2
 
 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
 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, terminal cleaner,  station  customer  assistant;  person  whose
 official  duties  include  the  sale  or  collection of tickets, passes,
 vouchers, or other revenue payment media for use on a train  or  bus  or
 the  collection  or handling of revenues therefrom; a person whose offi-
 cial duties include the maintenance, repair,  inspection,  troubleshoot-
 ing,  testing or cleaning of buses, a transit signal system, elevated or
 underground subway tracks, transit  station  structure,  including  fare
 equipment,  escalators,  elevators  and  other  equipment  necessary  to
 passenger service, commuter rail tracks or stations, train yard, revenue
 train in passenger service, or a train or bus station or terminal; or  a
 supervisor  of  such personnel, employed by any transit or commuter rail
 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 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, public health sani-
 tarian, 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 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, station agent,  station  cleaner,  terminal  cleaner,  station
 customer  assistant;  person  whose  official duties include the sale or
 collection of tickets, passes, vouchers or other revenue  payment  media
 for  use  on  a  train  or bus or the collection or handling of revenues
 therefrom; a person  whose  official  duties  include  the  maintenance,
 repair,  inspection,  troubleshooting,  testing  or cleaning of buses, a
 transit signal system, elevated or underground  subway  tracks,  transit
 station  structure,  including fare equipment, escalators, elevators and
 other equipment necessary to passenger service, commuter rail tracks  or
 stations,  train yard, revenue train in passenger service, or a train or
 S. 4222                             3
 
 bus station or  terminal;  or  a  supervisor  of  such  personnel,  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, 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 sanita-
 tion worker, emergency medical service paramedic, [or] emergency medical
 service technician, OR EMPLOYEE OF A SECURE OR LIMITED  SECURE  RESIDEN-
 TIAL  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, cleaning of
 a  train  or  bus  station or terminal, assisting customers, the sale or
 collection of tickets, passes, vouchers, or other revenue media for  use
 on  a train or bus, or maintenance or cleaning of a train, a bus, or bus
 station or terminal,  signal  system,  elevated  or  underground  subway
 tracks, transit station structure, including fare equipment, escalators,
 elevators  and  other equipment necessary to passenger service, commuter
 rail tracks or stations,  train  yard  or  revenue  train  in  passenger
 service,  or  such city marshal, school crossing guard, traffic enforce-
 ment officer, traffic enforcement agent, prosecutor as defined in subdi-
 vision 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
 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.