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:

  Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
as separately amended by chapters 318 and 345 of the laws of  2010,  are
amended to read as follows:
  3.  With  intent  to prevent a peace officer, a police officer, regis-
tered nurse, licensed practical nurse, sanitation enforcement  agent,  a
firefighter,  including a firefighter acting as a paramedic or emergency
medical technician administering first aid in the course of  performance
of  duty  as such firefighter, an emergency medical service paramedic or
emergency medical service technician, or medical or related personnel in
a hospital emergency department, a city marshal, a  traffic  enforcement
officer or traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED
SECURE  RESIDENTIAL  FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, from performing a lawful  duty,  by  means
including  releasing or failing to control an animal under circumstances
evincing the actor's intent that the animal obstruct the lawful activity
of such peace officer, police officer, registered nurse, licensed  prac-
tical nurse, sanitation enforcement agent, firefighter, paramedic, tech-
nician, city marshal, traffic enforcement officer or traffic enforcement
agent,  OR  EMPLOYEE  OF A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY
ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,
he or she causes physical injury to such peace officer, police  officer,
registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
agent, firefighter, paramedic, technician or medical or related  person-
nel  in  a hospital emergency department, city marshal, traffic enforce-
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

LIMITED  SECURE  RESIDENTIAL  FACILITY  ADMINISTERED AND OPERATED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES; or
  11.  With  intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose  operation is authorized by New York state or any of its political
subdivisions, a city marshal, a  traffic  enforcement  officer,  traffic
enforcement  agent  or sanitation enforcement agent, registered nurse or
licensed practical nurse OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
DENTIAL FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES, he or she causes physical injury to such  train  opera-
tor,  ticket inspector, conductor, signalperson, bus operator or station
agent, city marshal, traffic enforcement  officer,  traffic  enforcement
agent,  registered  nurse  or  licensed practical nurse [or], sanitation
enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL
FACILITY ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND  FAMILY
SERVICES,  while  such  employee  is  performing an assigned duty on, or
directly related to, the operation of a  train  or  bus,  or  such  city
marshal,  traffic enforcement officer, traffic enforcement agent, regis-
tered nurse or licensed practical  nurse  [or],  sanitation  enforcement
agent  OR  EMPLOYEE  OF  A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY
ADMINISTERED AND OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,
is performing an assigned duty.
  S 2. This act shall take effect immediately.