Bill Text: NY S04222 | 2023-2024 | General Assembly | Introduced
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 (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04222 Detail]
Download: New_York-2023-S04222-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4222 2023-2024 Regular Sessions IN SENATE February 6, 2023 ___________ Introduced by Sen. GRIFFO -- 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 amended by chapter 233 of the laws of 2022, are amended to 4 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04466-01-3S. 4222 2 1 sion thirty-one of section 1.20 of the criminal procedure law, regis- 2 tered nurse, licensed practical nurse, public health sanitarian, New 3 York city public health sanitarian, sanitation enforcement agent, New 4 York city sanitation worker, firefighter, paramedic, technician, city 5 marshal, school crossing guard appointed pursuant to section two hundred 6 eight-a of the general municipal law, traffic enforcement officer, traf- 7 fic enforcement agent or employee of an entity governed by the public 8 service law, or employee of a secure or limited secure residential 9 facility licensed, certified or operated by the office of children and 10 family services, he or she causes physical injury to such peace officer, 11 police officer, prosecutor as defined in subdivision thirty-one of 12 section 1.20 of the criminal procedure law, registered nurse, licensed 13 practical nurse, public health sanitarian, New York city public health 14 sanitarian, sanitation enforcement agent, New York city sanitation work- 15 er, firefighter, paramedic, technician or medical or related personnel 16 in a hospital emergency department, city marshal, school crossing guard, 17 traffic enforcement officer, traffic enforcement agent or employee of an 18 entity governed by the public service law, or employee of a secure or 19 limited secure residential facility licensed, certified or operated by 20 the office of children and family services; or 21 11. With intent to cause physical injury to a train operator, ticket 22 inspector, conductor, signalperson, bus operator, station agent, station 23 cleaner, terminal cleaner, station customer assistant; person whose 24 official duties include the sale or collection of tickets, passes, 25 vouchers, or other revenue payment media for use on a train or bus or 26 the collection or handling of revenues therefrom; a person whose offi- 27 cial duties include the maintenance, repair, inspection, troubleshoot- 28 ing, testing or cleaning of buses, a transit signal system, elevated or 29 underground subway tracks, transit station structure, including fare 30 equipment, escalators, elevators and other equipment necessary to 31 passenger service, commuter rail tracks or stations, train yard, revenue 32 train in passenger service, or a train or bus station or terminal; or a 33 supervisor of such personnel, employed by any transit or commuter rail 34 agency, authority or company, public or private, whose operation is 35 authorized by New York state or any of its political subdivisions, a 36 city marshal, a school crossing guard appointed pursuant to section two 37 hundred eight-a of the general municipal law, a traffic enforcement 38 officer, traffic enforcement agent, prosecutor as defined in subdivision 39 thirty-one of section 1.20 of the criminal procedure law, sanitation 40 enforcement agent, New York city sanitation worker, public health sani- 41 tarian, New York city public health sanitarian, registered nurse, 42 licensed practical nurse, emergency medical service paramedic, [or] 43 emergency medical service technician, or employee of a secure or limited 44 secure residential facility licensed, certified or operated by the 45 office of children and family services, he or she causes physical injury 46 to such train operator, ticket inspector, conductor, signalperson, bus 47 operator, station agent, station cleaner, terminal cleaner, station 48 customer assistant; person whose official duties include the sale or 49 collection of tickets, passes, vouchers or other revenue payment media 50 for use on a train or bus or the collection or handling of revenues 51 therefrom; a person whose official duties include the maintenance, 52 repair, inspection, troubleshooting, testing or cleaning of buses, a 53 transit signal system, elevated or underground subway tracks, transit 54 station structure, including fare equipment, escalators, elevators and 55 other equipment necessary to passenger service, commuter rail tracks or 56 stations, train yard, revenue train in passenger service, or a train orS. 4222 3 1 bus station or terminal; or a supervisor of such personnel, 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, prosecutor as defined in subdivision thirty-one 5 of section 1.20 of the criminal procedure law, registered nurse, 6 licensed practical nurse, public health sanitarian, New York city public 7 health sanitarian, sanitation enforcement agent, New York city sanita- 8 tion worker, emergency medical service paramedic, [or] emergency medical 9 service technician, or employee of a secure or limited secure residen- 10 tial facility licensed, certified or operated by the office of children 11 and family services, while such employee is performing an assigned duty 12 on, or directly related to, the operation of a train or bus, cleaning of 13 a train or bus station or terminal, assisting customers, the sale or 14 collection of tickets, passes, vouchers, or other revenue media for use 15 on a train or bus, or maintenance or cleaning of a train, a bus, or bus 16 station or terminal, signal system, elevated or underground subway 17 tracks, transit station structure, including fare equipment, escalators, 18 elevators and other equipment necessary to passenger service, commuter 19 rail tracks or stations, train yard or revenue train in passenger 20 service, or such city marshal, school crossing guard, traffic enforce- 21 ment officer, traffic enforcement agent, prosecutor as defined in subdi- 22 vision thirty-one of section 1.20 of the criminal procedure law, regis- 23 tered nurse, licensed practical nurse, public health sanitarian, New 24 York city public health sanitarian, sanitation enforcement agent, New 25 York city sanitation worker, emergency medical service paramedic, [or] 26 emergency medical service technician, or employee of a secure or limited 27 secure residential facility licensed, certified or operated by the 28 office of children and family services is performing an assigned duty; 29 or 30 § 2. This act shall take effect immediately.
