Bill Text: NY A02680 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2014-06-09 - held for consideration in codes [A02680 Detail]

Download: New_York-2013-A02680-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2680
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 17, 2013
                                      ___________
       Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
         tee 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 amended by chapter 377 of the laws of 2012, are amended  to  read  as
    3  follows:
    4    3.  With  intent  to prevent a peace officer, a police officer, regis-
    5  tered nurse, licensed practical nurse, sanitation enforcement agent, New
    6  York city sanitation worker,  a  firefighter,  including  a  firefighter
    7  acting  as  a  paramedic  or  emergency medical technician administering
    8  first aid in the course of performance of duty as such  firefighter,  an
    9  emergency medical service paramedic or emergency medical service techni-
   10  cian,  or  medical  or related personnel in a hospital emergency depart-
   11  ment, a city marshal, a traffic enforcement officer or traffic  enforce-
   12  ment  agent,  OR  EMPLOYEE  OF  A  SECURE  OR LIMITED SECURE RESIDENTIAL
   13  FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND  FAMILY
   14  SERVICES, from performing a lawful duty, by means including releasing or
   15  failing  to  control  an animal under circumstances evincing the actor's
   16  intent that the animal obstruct the lawful activity of such peace  offi-
   17  cer, police officer, registered nurse, licensed practical nurse, sanita-
   18  tion  enforcement  agent,  New York city sanitation worker, firefighter,
   19  paramedic, technician, city  marshal,  traffic  enforcement  officer  or
   20  traffic  enforcement  agent,  OR  EMPLOYEE OF A SECURE OR LIMITED SECURE
   21  RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN
   22  AND FAMILY SERVICES, he or she causes  physical  injury  to  such  peace
   23  officer,  police  officer,  registered  nurse, licensed practical nurse,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06560-01-3
       A. 2680                             2
    1  sanitation enforcement agent, New York  city  sanitation  worker,  fire-
    2  fighter,  paramedic,  technician  or  medical  or related personnel in a
    3  hospital emergency department, city marshal, traffic enforcement officer
    4  or  traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE
    5  RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN
    6  AND FAMILY SERVICES; or
    7    11. With intent to cause physical injury to a train  operator,  ticket
    8  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
    9  employed by any transit agency, authority or company, public or private,
   10  whose operation is authorized by New York state or any of its  political
   11  subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
   12  enforcement agent, sanitation enforcement agent, New York  city  sanita-
   13  tion worker, registered nurse or licensed practical nurse OR EMPLOYEE OF
   14  A  SECURE  OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPER-
   15  ATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,  he  or  she  causes
   16  physical  injury  to  such  train operator, ticket inspector, conductor,
   17  signalperson, bus operator  or  station  agent,  city  marshal,  traffic
   18  enforcement  officer,  traffic enforcement agent, registered nurse [or],
   19  licensed practical nurse, sanitation enforcement agent  [or],  New  York
   20  city  sanitation worker, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
   21  DENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND
   22  FAMILY SERVICES, while such employee is performing an assigned duty  on,
   23  or  directly  related  to, the operation of a train or bus, or such city
   24  marshal, traffic enforcement officer, traffic enforcement agent,  regis-
   25  tered  nurse  or  licensed practical nurse, sanitation enforcement agent
   26  [or], New York city sanitation worker, OR EMPLOYEE OF A SECURE OR LIMIT-
   27  ED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPERATED BY  THE  OFFICE
   28  OF CHILDREN AND FAMILY SERVICES, is performing an assigned duty.
   29    S 2. This act shall take effect immediately.