NY State Senate Bill 2009-S3710

Senate Bill S3710

2009-2010 Legislative Session

Adds assaults against certain employees of state and local government agencies as an assault in the second degree

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 30, 2009	referred to codes

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2009-S3710 (ACTIVE) - Details

See Assembly Version of this Bill:: A2023
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4526, A5129
2013-2014: A615
2015-2016: A2640
2017-2018: A2207
2019-2020: A1059
2021-2022: A1245
2023-2024: A371

2009-S3710 (ACTIVE) - Summary

Establishes a person is guilty of assault in the second degree when he or she intends to cause physical injury to an employee of New York state or any of its political subdivisions or of a public authority or a public benefit corporation while such employee is performing his or her duties.

2009-S3710 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3710

 TITLE OF BILL :

An act to amend the penal law, in relation to assaults against certain
employees of state and local government agencies


 PURPOSE :

The objective of this legislation is to accord stronger protection
than currently exists under the State's Penal Law against assaults on
public employees throughout New York State.

 SUMMARY OF PROVISIONS :

This legislation would amend New York's Penal Law by adding a new
subdivision 13 to Section 120.05 to classify on-the-job assaults
against public employees as second-degree assaults.

 EXISTING LAW :

Section 120.05 of the Penal Law includes, among other provisions,
classification as second-degree assault the intentional infliction of
injuries on peace officers, police officers, firefighters, paramedics
and emergency medical service technicians and transit workers.

Assault in the second degree is a Class D felony that carries a
maximum sentence of seven years in prison.

At present, the law does not accord the other public employees
specified in this proposal legal protection greater than that of the
general public.

Under current law, intentional infliction of injuries on persons other
than those specified above is a Class A misdemeanor, which carries a
maximum penalty of one year in prison.

 JUSTIFICATION :

This bill recognizes that a wide variety of public employees perform
functions that are essential to maintaining public health, safety and
quality of life. Their duties require them to interact with citizens
in a wide variety of settings. This may expose them to the risk of an
assault in the performance of their duties on behalf of the public. In
fact, assault on the job is one of the most frequent causes of serious
injuries for public employees. This bill would allow for stronger
enforcement against such assaults and thereby protect not just these
workers, but also the orderly operation of public services.

 LEGISLATIVE HISTORY :

2007-08, S.4315/A.6185.
2005-06, S.194/A.9535, passed Senate both years.
2003-04, S.1387/A.3290, passed Senate.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2009-S3710 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3710

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 30, 2009
                               ___________

Introduced  by  Sens. VOLKER, FLANAGAN, GRIFFO, HANNON, LARKIN, MAZIARZ,
  MORAHAN, PADAVAN -- 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 assaults against certain
  employees of state and local government agencies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 120.05 of the penal law is amended by adding a new
subdivision 13 to read as follows:
  13. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE  OF  NEW  YORK
STATE OR ANY OF ITS POLITICAL SUBDIVISIONS OR OF A PUBLIC AUTHORITY OR A
PUBLIC  BENEFIT  CORPORATION,  HE  OR SHE CAUSES PHYSICAL INJURY TO SUCH
EMPLOYEE WHILE SUCH EMPLOYEE IS PERFORMING HIS OR HER DUTIES.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04154-01-9

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