Senate Bill S7010

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7010
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2025
                                ___________
 
 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 section 2 of part Z of chapter 55 of the laws of
 2024, 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.
                                                            LBD08579-01-5
              

 S. 7010                             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, [he or she] OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
 DENTIAL  FACILITY LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, SUCH PERSON 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 worker, 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, traffic  checker;
 person  whose official duties include the sale or collection of tickets,
 passes, vouchers, or other revenue payment media for  use  on  a  train,
 bus, or ferry the collection or handling of revenues therefrom; a person
 whose official duties include the maintenance, repair, inspection, trou-
 bleshooting,  testing  or cleaning of buses or ferries, a transit signal
 system, elevated or underground subway tracks,  transit  station  struc-
 ture,  including  fare equipment, escalators, elevators and other equip-
 ment necessary to passenger service, commuter rail tracks  or  stations,
 train  yard,  revenue  train in passenger service, a ferry station, 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 sanitarian, New York city public health
 sanitarian,   registered  nurse,  licensed  practical  nurse,  emergency
 medical service paramedic, [or] emergency  medical  service  technician,
 [he or she] OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACIL-
 ITY LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES,  SUCH  PERSON  causes  physical injury to such train operator,
 ticket inspector, conductor, signalperson, bus operator, station  agent,
 station  cleaner,  terminal cleaner, station customer assistant, traffic
 checker; person whose official duties include the sale or collection  of
 tickets,  passes,  vouchers  or other revenue payment media for use on a
 train, bus, or ferry or the collection or handling  of  revenues  there-
 from;  a  person  whose official duties include the maintenance, repair,
 inspection, troubleshooting, testing or cleaning of buses or ferries,  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
 S. 7010                             3
 
 stations, train yard,  revenue  train  in  passenger  service,  a  ferry
 station,  or a train or 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, traffic 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  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,  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, assist-
 ing customers, checking traffic, the  sale  or  collection  of  tickets,
 passes,  vouchers,  or  other  revenue media for use on a train, bus, or
 ferry or maintenance or cleaning of a train, a  bus,  a  ferry,  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, a ferry station, 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.