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S02728 Summary:

BILL NOS02728
 
SAME ASSAME AS A02136
 
SPONSORGRIFFO
 
COSPNSRAVELLA, MARCHIONE
 
MLTSPNSR
 
Amd 120.05, Pen L
 
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.
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S02728 Actions:

BILL NOS02728
 
01/17/2017REFERRED TO CODES
05/16/20171ST REPORT CAL.1029
05/17/20172ND REPORT CAL.
05/22/2017ADVANCED TO THIRD READING
06/08/2017PASSED SENATE
06/08/2017DELIVERED TO ASSEMBLY
06/08/2017referred to codes
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S02728 Memo:

Memo not available
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S02728 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2728
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 17, 2017
                                       ___________
 
        Introduced  by  Sens.  GRIFFO, AVELLA -- 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.
                                                                   LBD02067-01-7

        S. 2728                             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.
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