Bill Text: NY S04514 | 2019-2020 | General Assembly | Introduced
Bill Title: Adds employees of the office of children and family services to the list of public employees for which prevention of duties constitutes assault in the second degree.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S04514 Detail]
Download: New_York-2019-S04514-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4514 2019-2020 Regular Sessions IN SENATE March 13, 2019 ___________ 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: 1 Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, 2 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi- 3 sion 11 as separately amended by chapters 268 and 281 of the laws of 4 2016, are amended to read as follows: 5 3. With intent to prevent a peace officer, a police officer, prosecu- 6 tor as defined in subdivision thirty-one of section 1.20 of the criminal 7 procedure law, registered nurse, licensed practical nurse, public health 8 sanitarian, New York city public health sanitarian, sanitation enforce- 9 ment agent, New York city sanitation worker, a firefighter, including a 10 firefighter acting as a paramedic or emergency medical technician admin- 11 istering first aid in the course of performance of duty as such fire- 12 fighter, an emergency medical service paramedic or emergency medical 13 service technician, or medical or related personnel in a hospital emer- 14 gency department, a city marshal, a school crossing guard appointed 15 pursuant to section two hundred eight-a of the general municipal law, a 16 traffic enforcement officer, traffic enforcement agent or employee of 17 any entity governed by the public service law in the course of perform- 18 ing an essential service, or employee of a secure or limited secure 19 residential facility licensed, certified or operated by the office of 20 children and family services, from performing a lawful duty, by means 21 including releasing or failing to control an animal under circumstances 22 evincing the actor's intent that the animal obstruct the lawful activity 23 of such peace officer, police officer, prosecutor as defined in subdivi- 24 sion thirty-one of section 1.20 of the criminal procedure law, regis- 25 tered nurse, licensed practical nurse, public health sanitarian, New 26 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. LBD08543-01-9S. 4514 2 1 York city sanitation worker, firefighter, paramedic, technician, city 2 marshal, school crossing guard appointed pursuant to section two hundred 3 eight-a of the general municipal law, traffic enforcement officer, traf- 4 fic enforcement agent or employee of an entity governed by the public 5 service law, or employee of a secure or limited secure residential 6 facility licensed, certified or operated by the office of children and 7 family services, he or she causes physical injury to such peace officer, 8 police officer, prosecutor as defined in subdivision thirty-one of 9 section 1.20 of the criminal procedure law, registered nurse, licensed 10 practical nurse, public health sanitarian, New York city public health 11 sanitarian, sanitation enforcement agent, New York city sanitation work- 12 er, firefighter, paramedic, technician or medical or related personnel 13 in a hospital emergency department, city marshal, school crossing guard, 14 traffic enforcement officer, traffic enforcement agent or employee of an 15 entity governed by the public service law, or employee of a secure or 16 limited secure residential facility licensed, certified or operated by 17 the office of children and family services; or 18 11. With intent to cause physical injury to a train operator, ticket 19 inspector, conductor, signalperson, bus operator, station agent, station 20 cleaner or terminal cleaner employed by any transit agency, authority or 21 company, public or private, whose operation is authorized by New York 22 state or any of its political subdivisions, a city marshal, a school 23 crossing guard appointed pursuant to section two hundred eight-a of the 24 general municipal law, a traffic enforcement officer, traffic enforce- 25 ment agent, prosecutor as defined in subdivision thirty-one of section 26 1.20 of the criminal procedure law, sanitation enforcement agent, New 27 York city sanitation worker, public health sanitarian, New York city 28 public health sanitarian, registered nurse, licensed practical nurse, 29 emergency medical service paramedic, [or] emergency medical service 30 technician, or employee of a secure or limited secure residential facil- 31 ity licensed, certified or operated by the office of children and family 32 services, he or she causes physical injury to such train operator, tick- 33 et inspector, conductor, signalperson, bus operator, station agent, 34 station cleaner or terminal cleaner, city marshal, school crossing guard 35 appointed pursuant to section two hundred eight-a of the general munici- 36 pal law, traffic enforcement officer, traffic enforcement agent, prose- 37 cutor as defined in subdivision thirty-one of section 1.20 of the crimi- 38 nal procedure law, registered nurse, licensed practical nurse, public 39 health sanitarian, New York city public health sanitarian, sanitation 40 enforcement agent, New York city sanitation worker, emergency medical 41 service paramedic, [or] emergency medical service technician, or employ- 42 ee of a secure or limited secure residential facility licensed, certi- 43 fied or operated by the office of children and family services, while 44 such employee is performing an assigned duty on, or directly related to, 45 the operation of a train or bus, including the cleaning of a train or 46 bus station or terminal, or such city marshal, school crossing guard, 47 traffic enforcement officer, traffic enforcement agent, prosecutor as 48 defined in subdivision thirty-one of section 1.20 of the criminal proce- 49 dure law, registered nurse, licensed practical nurse, public health 50 sanitarian, New York city public health sanitarian, sanitation enforce- 51 ment agent, New York city sanitation worker, emergency medical service 52 paramedic, [or] emergency medical service technician, or employee of a 53 secure or limited secure residential facility licensed, certified or 54 operated by the office of children and family services is performing an 55 assigned duty; or 56 § 2. This act shall take effect immediately.
