NY State Senate Bill 2011-S4526

Senate Bill S4526

2011-2012 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 04, 2012	referred to codes
Apr 11, 2011	referred to codes

2011-S4526 (ACTIVE) - Details

See Assembly Version of this Bill:: A5129
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3710, A2023
2013-2014: A615
2015-2016: A2640
2017-2018: A2207
2019-2020: A1059
2021-2022: A1245
2023-2024: A371

2011-S4526 (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.

2011-S4526 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4526

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.

JUSTIFICATION:
Under 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.

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:
A.3290 of 2003-04: Referred to Codes
A.9535 of 2005-06: Referred to codes
A.6185 of 2007-08: Referred to Codes
A.2023 of 2009-10: Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4526 (ACTIVE) - Bill Text download pdf

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

                                  4526

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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.
                                                           LBD08139-01-1

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