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.
STATE OF NEW YORK
________________________________________________________________________
4672--D
2011-2012 Regular Sessions
IN ASSEMBLY
February 4, 2011
___________
Introduced by M. of A. P. RIVERA, PERRY, STEVENSON, N. RIVERA, JEFFRIES,
CASTRO, HEASTIE, COLTON, MENG, GUNTHER, LANCMAN, LAVINE, RODRIGUEZ,
SKARTADOS, SCHIMMINGER, COOK, CLARK, HOOPER, ROBERTS, ORTIZ, BARRETT
-- Multi-Sponsored by -- M. of A. ARROYO, BURLING, CALHOUN, CERETTO,
CRESPO, DenDEKKER, DUPREY, FINCH, GIBSON, GOODELL, GOTTFRIED, GRAF,
JACOBS, P. LOPEZ, LOSQUADRO, MAGEE, MALLIOTAKIS, McDONOUGH, McENENY,
McKEVITT, MILLMAN, MONTESANO, RA, ROBINSON, SALADINO, SAYWARD, SCAR-
BOROUGH, SIMANOWITZ, SWEENEY, TENNEY, TITONE, TITUS, WEISENBERG --
read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
-- recommitted to the Committee on Codes in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Rules -- Rules Committee discharged, bill
amended, ordered reprinted as amended and recommitted 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00451-12-2
A. 4672--D 2
1 providing public assistance and care from performing his or her job,
2 causes physical injury to such employee including by means of releasing
3 or failing to control an animal under circumstances evincing the actor's
4 intent that the animal obstruct the lawful activities of such employee;
5 or
6 11-a. With intent to cause physical injury to an employee of a local
7 social services district directly involved in investigation of or
8 response to alleged abuse or neglect of a child, vulnerable elderly
9 person or an incompetent or physically disabled person, the actor, not
10 being such child, vulnerable elderly person or incompetent or physically
11 disabled person, or with intent to prevent an employee of a local social
12 services district directly involved in providing public assistance and
13 care from performing his or her job, causes physical injury to such
14 employee; or
15 § 2. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.
