Bill Text: NY S07720 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enhances the criminal penalties for assaulting certain employees of a local social services district while in the performance of their duties; elevates it to assault in the second degree, a class D felony.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2012-08-17 - SIGNED CHAP.434 [S07720 Detail]

Download: New_York-2011-S07720-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7720
                                   I N  S E N A T E
                                     June 15, 2012
                                      ___________
       Introduced  by  Sens.  GOLDEN, SAVINO -- read twice and ordered printed,
         and when printed to be committed to the Committee on Rules
       AN ACT to amend the penal law, in relation to  protecting  employees  of
         local social services districts from assault
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 120.05 of the penal law is amended by  adding  two
    2  new subdivisions 3-a and 11-a to read as follows:
    3    3-A.  WITH  INTENT  TO  PREVENT AN EMPLOYEE OF A LOCAL SOCIAL SERVICES
    4  DISTRICT DIRECTLY INVOLVED IN INVESTIGATION OF OR  RESPONSE  TO  ALLEGED
    5  ABUSE  OR NEGLECT OF A CHILD, A VULNERABLE ELDERLY PERSON OR AN INCOMPE-
    6  TENT OR PHYSICALLY DISABLED PERSON, FROM PERFORMING  SUCH  INVESTIGATION
    7  OR  RESPONSE, THE ACTOR, NOT BEING SUCH CHILD, VULNERABLE ELDERLY PERSON
    8  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, OR WITH INTENT TO  PREVENT
    9  AN  EMPLOYEE  OF  A  LOCAL SOCIAL SERVICES DISTRICT DIRECTLY INVOLVED IN
   10  PROVIDING PUBLIC ASSISTANCE AND CARE FROM PERFORMING  HIS  OR  HER  JOB,
   11  CAUSES  PHYSICAL INJURY TO SUCH EMPLOYEE INCLUDING BY MEANS OF RELEASING
   12  OR FAILING TO CONTROL AN ANIMAL UNDER CIRCUMSTANCES EVINCING THE ACTOR'S
   13  INTENT THAT THE ANIMAL OBSTRUCT THE LAWFUL ACTIVITIES OF SUCH  EMPLOYEE;
   14  OR
   15    11-A.  WITH  INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE OF A LOCAL
   16  SOCIAL SERVICES  DISTRICT  DIRECTLY  INVOLVED  IN  INVESTIGATION  OF  OR
   17  RESPONSE  TO  ALLEGED  ABUSE  OR  NEGLECT OF A CHILD, VULNERABLE ELDERLY
   18  PERSON OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON, THE  ACTOR,  NOT
   19  BEING SUCH CHILD, VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY
   20  DISABLED PERSON, OR WITH INTENT TO PREVENT AN EMPLOYEE OF A LOCAL SOCIAL
   21  SERVICES  DISTRICT  DIRECTLY INVOLVED IN PROVIDING PUBLIC ASSISTANCE AND
   22  CARE FROM PERFORMING HIS OR HER JOB,  CAUSES  PHYSICAL  INJURY  TO  SUCH
   23  EMPLOYEE; OR
   24    S 2. This act shall take effect on the first of November next succeed-
   25  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.
                                                                  LBD00451-14-2