S T A T E O F N E W Y O R K
________________________________________________________________________
7515
I N S E N A T E
May 30, 2012
___________
Introduced by Sen. GRIFFO -- 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 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
S. 7515 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.
