Bill Text: NY A10539 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-04 - referred to codes [A10539 Detail]

Download: New_York-2011-A10539-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10539
                                 I N  A S S E M B L Y
                                     June 4, 2012
                                      ___________
       Introduced by COMMITTEE ON RULES -- (at request of M. of A. Brindisi) --
         read once and referred 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  as separately amended by chapters 318 and 345 of the laws of  2010,  are
    3  amended to read as follows:
    4    3.  With  intent  to prevent a peace officer, a police officer, regis-
    5  tered nurse, licensed practical nurse, sanitation enforcement  agent,  a
    6  firefighter,  including a firefighter acting as a paramedic or emergency
    7  medical technician administering first aid in the course of  performance
    8  of  duty  as such firefighter, an emergency medical service paramedic or
    9  emergency medical service technician, or medical or related personnel in
   10  a hospital emergency department, a city marshal, a  traffic  enforcement
   11  officer or traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED
   12  SECURE  RESIDENTIAL  FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF
   13  CHILDREN AND FAMILY SERVICES, from performing a lawful  duty,  by  means
   14  including  releasing or failing to control an animal under circumstances
   15  evincing the actor's intent that the animal obstruct the lawful activity
   16  of such peace officer, police officer, registered nurse, licensed  prac-
   17  tical nurse, sanitation enforcement agent, firefighter, paramedic, tech-
   18  nician, city marshal, traffic enforcement officer or traffic enforcement
   19  agent,  OR  EMPLOYEE  OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY
   20  ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,
   21  he or she causes physical injury to such peace officer, police  officer,
   22  registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
   23  agent, firefighter, paramedic, technician or medical or related  person-
   24  nel  in  a hospital emergency department, city marshal, traffic enforce-
   25  ment officer or traffic enforcement agent, OR EMPLOYEE OF  A  SECURE  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16001-01-2
       A. 10539                            2
    1  LIMITED  SECURE  RESIDENTIAL  FACILITY  ADMINISTERED AND OPERATED BY THE
    2  OFFICE OF CHILDREN AND FAMILY SERVICES; or
    3    11.  With  intent to cause physical injury to a train operator, ticket
    4  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
    5  employed by any transit agency, authority or company, public or private,
    6  whose  operation is authorized by New York state or any of its political
    7  subdivisions, a city marshal, a  traffic  enforcement  officer,  traffic
    8  enforcement  agent  or sanitation enforcement agent, registered nurse or
    9  licensed practical nurse OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
   10  DENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND
   11  FAMILY SERVICES, he or she causes physical injury to such  train  opera-
   12  tor,  ticket inspector, conductor, signalperson, bus operator or station
   13  agent, city marshal, traffic enforcement  officer,  traffic  enforcement
   14  agent,  registered  nurse  or  licensed practical nurse [or], sanitation
   15  enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL
   16  FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND  FAMILY
   17  SERVICES,  while  such  employee  is  performing an assigned duty on, or
   18  directly related to, the operation of a  train  or  bus,  or  such  city
   19  marshal,  traffic enforcement officer, traffic enforcement agent, regis-
   20  tered nurse or licensed practical  nurse  [or],  sanitation  enforcement
   21  agent  OR  EMPLOYEE  OF  A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY
   22  ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,
   23  is performing an assigned duty.
   24    S 2. This act shall take effect immediately.