NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6265
SPONSOR: Angelino TITLE OF BILL:
An act to amend the penal law, in relation to elevating an assault of a
code enforcement official to the class D felony of assault in the second
degree
PURPOSE OR GENERAL IDEA OF BILL:
The bill elevates assault of a code enforcement official in the second
degree to a class D felony.
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 3 of section 120.05 of the penal law,
elevating the assault of a Code Enforcement Official to the class D
felony of assault in the second degree.
Section 2: Establishes the effective date.
JUSTIFICATION:
Code Enforcement Officers regularly encounter hazardous situations and
dangerous environments as part of their duty to enforce the NYS Building
Code; this work is often done with little to no backup from fellow offi-
cers. As a result, Code Enforcement Officers are increasingly becoming
victims of aggression and assault while doing their job. It has been
reported that these officials have been attacked, and in some instances,
hospitalized in critical condition. However, there are currently no
penalties for assaulting a Code Enforcement Officer while he or she is
performing their duties.
It is currently a felony to cause injury to utility workers, transporta-
tion officials, sanitation workers, and other government officials with
the intent to prevent them from performing their duties. This bill would
ensure Code Enforcement Officials receive similar protections by elevat-
ing assault of a code enforcement official in the second degree to a
class D felony.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications.
EFFECTIVE DATE:
First day of November next succeeding the date on which it shall become
a law.
STATE OF NEW YORK
________________________________________________________________________
6265
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to elevating an assault of a
code enforcement official to the class D felony of 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. Subdivision 3 of section 120.05 of the penal law, as
2 amended by chapter 267 of the laws of 2016, is amended to read as
3 follows:
4 3. With intent to prevent a peace officer, a police officer, prosecu-
5 tor as defined in subdivision thirty-one of section 1.20 of the criminal
6 procedure law, registered nurse, licensed practical nurse, public health
7 sanitarian, New York city public health sanitarian, sanitation enforce-
8 ment agent, New York city sanitation worker, a firefighter, including a
9 firefighter acting as a paramedic or emergency medical technician admin-
10 istering first aid in the course of performance of duty as such fire-
11 fighter, an emergency medical service paramedic or emergency medical
12 service technician, or medical or related personnel in a hospital emer-
13 gency department, a city marshal, a school crossing guard appointed
14 pursuant to section two hundred eight-a of the general municipal law, a
15 traffic enforcement officer, traffic enforcement agent, code enforcement
16 official, or employee of any entity governed by the public service law
17 in the course of performing an essential service, from performing a
18 lawful duty, by means including releasing or failing to control an
19 animal under circumstances evincing the actor's intent that the animal
20 obstruct the lawful activity of such peace officer, police officer,
21 prosecutor as defined in subdivision thirty-one of section 1.20 of the
22 criminal procedure law, registered nurse, licensed practical nurse,
23 public health sanitarian, New York city public health sanitarian, sani-
24 tation enforcement agent, New York city sanitation worker, firefighter,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03502-01-3
A. 6265 2
1 paramedic, technician, city marshal, school crossing guard appointed
2 pursuant to section two hundred eight-a of the general municipal law,
3 traffic enforcement officer, traffic enforcement agent, code enforcement
4 official, or employee of an entity governed by the public service law,
5 he or she causes physical injury to such peace officer, police officer,
6 prosecutor as defined in subdivision thirty-one of section 1.20 of the
7 criminal procedure law, registered nurse, licensed practical nurse,
8 public health sanitarian, New York city public health sanitarian, sani-
9 tation enforcement agent, New York city sanitation worker, firefighter,
10 paramedic, technician or medical or related personnel in a hospital
11 emergency department, city marshal, school crossing guard, traffic
12 enforcement officer, traffic enforcement agent, code enforcement offi-
13 cial, or employee of an entity governed by the public service law; or
14 § 2. This act shall take effect on the first of November next succeed-
15 ing the date on which it shall have become a law.
