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.
STATE OF NEW YORK
________________________________________________________________________
4006--B
2013-2014 Regular Sessions
IN SENATE
March 4, 2013
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- reported favora-
bly from said committee, ordered to first report, amended on first
report, ordered to a second report, and to be reprinted as amended,
retaining its place in the order of second report -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 as amended by chapter 259 of the laws of 2013, are 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, sanitation
7 enforcement agent, New York city sanitation worker, a firefighter,
8 including a firefighter acting as a paramedic or emergency medical tech-
9 nician administering first aid in the course of performance of duty as
10 such firefighter, an emergency medical service paramedic or emergency
11 medical service technician, or medical or related personnel in a hospi-
12 tal emergency department, a city marshal, a traffic enforcement officer
13 or traffic enforcement agent, or employee of a secure or limited secure
14 residential facility licensed, certified or operated by the office of
15 children and family services, from performing a lawful duty, by means
16 including releasing or failing to control an animal under circumstances
17 evincing the actor's intent that the animal obstruct the lawful activity
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06560-04-4
S. 4006--B 2
1 of such peace officer, police officer, prosecutor as defined in subdivi-
2 sion thirty-one of section 1.20 of the criminal procedure law, regis-
3 tered nurse, licensed practical nurse, sanitation enforcement agent, New
4 York city sanitation worker, firefighter, paramedic, technician, city
5 marshal, traffic enforcement officer or traffic enforcement agent, or
6 employee of a secure or limited secure residential facility licensed,
7 certified or operated by the office of children and family services, he
8 or she causes physical injury to such peace officer, police officer,
9 prosecutor as defined in subdivision thirty-one of section 1.20 of the
10 criminal procedure law, registered nurse, licensed practical nurse,
11 sanitation enforcement agent, New York city sanitation worker, fire-
12 fighter, paramedic, technician or medical or related personnel in a
13 hospital emergency department, city marshal, traffic enforcement officer
14 or traffic enforcement agent, or employee of a secure or limited secure
15 residential facility licensed, certified or operated by the office of
16 children and family services; or
17 11. With intent to cause physical injury to a train operator, ticket
18 inspector, conductor, signalperson, bus operator or station agent
19 employed by any transit agency, authority or company, public or private,
20 whose operation is authorized by New York state or any of its political
21 subdivisions, a city marshal, a traffic enforcement officer, traffic
22 enforcement agent, prosecutor as defined in subdivision thirty-one of
23 section 1.20 of the criminal procedure law, sanitation enforcement
24 agent, New York city sanitation worker, registered nurse or licensed
25 practical nurse or employee of a secure or limited secure residential
26 facility licensed, certified or operated by the office of children and
27 family services, he or she causes physical injury to such train opera-
28 tor, ticket inspector, conductor, signalperson, bus operator or station
29 agent, city marshal, traffic enforcement officer, traffic enforcement
30 agent, prosecutor as defined in subdivision thirty-one of section 1.20
31 of the criminal procedure law, registered nurse, licensed practical
32 nurse, sanitation enforcement agent [or], New York city sanitation work-
33 er, or employee of a secure or limited secure residential facility
34 licensed, certified or operated by the office of children and family
35 services, while such employee is performing an assigned duty on, or
36 directly related to, the operation of a train or bus, or such city
37 marshal, traffic enforcement officer, traffic enforcement agent, prose-
38 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
39 nal procedure law, registered nurse, licensed practical nurse, sanita-
40 tion enforcement agent [or], New York city sanitation worker, or
41 employee of a secure or limited secure residential facility licensed,
42 certified or operated by the office of children and family services, is
43 performing an assigned duty.
44 § 2. This act shall take effect immediately.
