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

                                  4006

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

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  amended  by  chapter 377 of the laws of 2012, 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, New
York  city  sanitation  worker,  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 techni-
cian, or medical or related personnel in a  hospital  emergency  depart-
ment,  a city marshal, a traffic enforcement officer or traffic enforce-
ment 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 offi-
cer, police officer, registered nurse, licensed practical nurse, sanita-
tion enforcement agent, New York city  sanitation  worker,  firefighter,
paramedic,  technician,  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06560-01-3
              

S. 4006                             2

sanitation  enforcement  agent,  New  York city sanitation worker, fire-
fighter, paramedic, technician or medical  or  related  personnel  in  a
hospital emergency department, 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; 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, sanitation enforcement agent, New York  city  sanita-
tion worker, registered nurse or licensed practical nurse OR EMPLOYEE OF
A  SECURE  OR LIMITED SECURE RESIDENTIAL FACILITY ADMINISTERED AND OPER-
ATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,  he  or  she  causes
physical  injury  to  such  train operator, ticket inspector, conductor,
signalperson, bus operator  or  station  agent,  city  marshal,  traffic
enforcement  officer,  traffic enforcement agent, registered nurse [or],
licensed practical nurse, sanitation enforcement agent  [or],  New  York
city  sanitation worker, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
DENTIAL 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, sanitation enforcement agent
[or], New York city sanitation worker, OR EMPLOYEE OF A SECURE OR LIMIT-
ED 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.

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

                                 4006--A
    Cal. No. 263

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said  committee,  ordered to first report, amended on first
  report, ordered to a second report, and to be  reprinted  as  amended,
  retaining its place in the order of second report

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 amended by chapter 377 of the laws of 2012, 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, New
York city sanitation worker,  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 techni-
cian,  or  medical  or related personnel in a hospital emergency depart-
ment, a city marshal, a traffic enforcement officer or traffic  enforce-
ment  agent,  OR  EMPLOYEE  OF  A  SECURE  OR LIMITED SECURE RESIDENTIAL
FACILITY LICENSED, CERTIFIED OR 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  practical
nurse,  sanitation  enforcement  agent, New York city sanitation worker,
firefighter, paramedic, technician, city  marshal,  traffic  enforcement
officer or traffic enforcement agent, OR EMPLOYEE OF A SECURE OR LIMITED

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

                                                           LBD06560-03-3

S. 4006--A                          2

SECURE  RESIDENTIAL  FACILITY  LICENSED,  CERTIFIED  OR  OPERATED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES, he or she causes physical injury
to such peace officer, police officer, registered nurse, licensed  prac-
tical  nurse,  sanitation  enforcement  agent,  New York city sanitation
worker, 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
LIMITED SECURE RESIDENTIAL FACILITY LICENSED, CERTIFIED OR  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,  sanitation enforcement agent, New York city sanita-
tion worker, registered nurse or licensed practical nurse OR EMPLOYEE OF
A SECURE OR LIMITED SECURE RESIDENTIAL FACILITY LICENSED,  CERTIFIED  OR
OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, he or she causes
physical  injury  to  such  train operator, ticket inspector, conductor,
signalperson, bus operator  or  station  agent,  city  marshal,  traffic
enforcement  officer,  traffic enforcement agent, registered nurse [or],
licensed practical nurse, sanitation enforcement agent  [or],  New  York
city  sanitation worker, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESI-
DENTIAL FACILITY LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF  CHIL-
DREN  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, registered nurse or licensed practical nurse, sanitation enforce-
ment agent [or], New York city  sanitation  worker,  OR  EMPLOYEE  OF  A
SECURE  OR  LIMITED  SECURE  RESIDENTIAL FACILITY LICENSED, CERTIFIED OR
OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, is performing an
assigned duty.
  S 2. This act shall take effect immediately.