BILL NUMBER:S6682

TITLE OF BILL:
An act
to amend the penal law, in relation to assault on caseworkers

PURPOSE OR GENERAL IDEA OF THE BILL:
Provides that a person shall be
guilty of assault in the second degree when he or she intends to
cause physical injury to a caseworker.

SUMMARY OF PROVISIONS:
Section 1. Amends the penal law. Section 120.05, Subdivision 11.
Provides
that a person shall be guilty of assault in the second degree
when he or she intends to cause
physical injury to a caseworker while such caseworker is
performing an assigned duty. Assault in the second degree is a
Class D felony.

Section 2. Effective Date

EXISTING LAW:
Penal Law; Article 120; Assault and Related offenses; Section
120.05-Assault in the Second Degree; Subdivision 11. The existing
statute does not include caseworkers.
              

JUSTIFICATION:
In June of 2011, a New York city caseworker with Children's Services
was seriously assaulted while in the process of attempting to remove
two children from a client's home. Even though the police and another
caseworker were present, the client was still able to get past the
police, chased the caseworker down the hallway, and proceeded to slam
and scrape her against a stucco wall, while her forearm was on the
caseworker's throat. The client attempted to throw the caseworker
down the stairs. The police were able to restrain the client, but not
before the caseworker suffered a torn rotator cuff which required
surgery, a pinched nerve and a herniated disc. The caseworker has
also been diagnosed with Post Traumatic Stress Disorder.

Current state statute protects several categories of employees if they
are assaulted while performing an assigned duty. The current list of
employees includes train operators, ticket inspectors, conductors,
traffic and sanitation enforcement agents, and registered and
licensed practical nurses, to name a few. Caseworkers, who frequently
find themselves in dangerous situations, as the above story
describes, are not included in the list of employees.

This bill adds caseworkers to the list of employees in the event they
are assaulted while performing an assigned duty.

LEGISLATIVE HISTORY:
2012: New Bill.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become law.