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

                                 1974--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sens.  GRIFFO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes  --  recom-
  mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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 196 of the laws of 2014, are amended  to  read  as
follows:
  3.  With intent to prevent a peace officer, a police officer, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed  practical  nurse,  sanitation
enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician 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  hospi-
tal  emergency  department,  a  city  marshal,  a  school crossing guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, a traffic enforcement 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,
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, prosecutor  as  defined  in  subdivision  thirty-one  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03467-02-6
              

S. 1974--A                          2

section  1.20  of the criminal procedure law, registered nurse, licensed
practical nurse, sanitation enforcement agent, New York city  sanitation
worker,  firefighter, paramedic, technician, city marshal, school cross-
ing  guard  appointed  pursuant  to  section  two hundred eight-a of the
general municipal law, traffic enforcement officer or  traffic  enforce-
ment agent, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACIL-
ITY LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES, he or she causes physical injury to such peace officer, police
officer, prosecutor as defined in subdivision thirty-one of section 1.20
of  the  criminal  procedure  law,  registered nurse, licensed practical
nurse, sanitation enforcement agent, New York  city  sanitation  worker,
firefighter,  paramedic, technician or medical or related personnel in a
hospital emergency department,  city  marshal,  school  crossing  guard,
traffic enforcement 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 school crossing guard appointed pursuant
to  section  two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
sanitation  enforcement  agent,  New York city sanitation worker, regis-
tered 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, signalper-
son, bus operator or station agent, city marshal, school crossing  guard
appointed pursuant to section two hundred eight-a of the general munici-
pal  law, traffic enforcement officer, traffic enforcement agent, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal  procedure  law,  registered  nurse,   licensed   practical   nurse,
sanitation  enforcement  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,
while such employee is performing  an  assigned  duty  on,  or  directly
related  to,  the  operation  of  a  train or bus, or such city marshal,
school crossing guard, traffic enforcement officer, traffic  enforcement
agent,  prosecutor  as defined in subdivision thirty-one of section 1.20
of the criminal procedure  law,  registered  nurse,  licensed  practical
nurse,  sanitation enforcement 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. Subdivision 11 of section 120.05 of the penal law, as amended by
chapter 487 of the laws of 2015, is amended to read as follows:
  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 school crossing guard appointed pursuant
to  section  two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the  criminal  procedure  law,

S. 1974--A                          3

sanitation  enforcement  agent,  New York city sanitation worker, regis-
tered  nurse,  licensed  practical  nurse,  emergency  medical   service
paramedic, [or], emergency medical service technician , 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 caus-
es physical injury to such train operator, ticket inspector,  conductor,
signalperson, bus operator or station agent, city marshal, school cross-
ing  guard  appointed  pursuant  to  section  two hundred eight-a of the
general municipal law, traffic enforcement officer, traffic  enforcement
agent,  prosecutor  as defined in subdivision thirty-one of section 1.20
of the criminal procedure  law,  registered  nurse,  licensed  practical
nurse,  sanitation  enforcement  agent, New York city sanitation worker,
emergency medical service  paramedic,  [or]  emergency  medical  service
technician, OR EMPLOYEE OF A SECURE OR LIMITED SECURE RESIDENTIAL FACIL-
ITY LICENSED, CERTIFIED OR 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,  school  crossing  guard,  traffic enforcement officer, traffic
enforcement agent, prosecutor as defined in  subdivision  thirty-one  of
section  1.20  of the criminal procedure law, registered nurse, licensed
practical nurse, sanitation enforcement agent, New York city  sanitation
worker,  emergency  medical  service  paramedic,  [or] emergency medical
service technician, OR EMPLOYEE OF A SECURE OR LIMITED  SECURE  RESIDEN-
TIAL  FACILITY LICENSED, CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES is performing an assigned duty.
  S 3. Subdivisions 3 and 11 of section 120.05  of  the  penal  law,  as
amended by chapter 472 and subdivision 11 as separately amended by chap-
ter 487 of the laws of 2015, are amended to read as follows:
  3.  With intent to prevent a peace officer, a police officer, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation  enforce-
ment  agent, New York city sanitation worker, a firefighter, including a
firefighter acting as a paramedic or emergency medical technician admin-
istering first aid in the course of performance of duty  as  such  fire-
fighter,  an  emergency  medical  service paramedic or emergency medical
service technician, or medical or related personnel in a hospital  emer-
gency  department,  a  city  marshal,  a school crossing guard appointed
pursuant to section two hundred eight-a of the general municipal law,  a
traffic enforcement 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, 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,
prosecutor as defined in subdivision thirty-one of section 1.20  of  the
criminal  procedure  law,  registered  nurse,  licensed practical nurse,
public health sanitarian, New York city public health sanitarian,  sani-
tation  enforcement agent, New York city sanitation worker, firefighter,
paramedic, technician, city marshal,  school  crossing  guard  appointed
pursuant  to  section  two hundred eight-a of the general municipal law,
traffic enforcement 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, he or she causes
physical  injury  to  such  peace officer, police officer, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-

S. 1974--A                          4

dure law, registered nurse,  licensed  practical  nurse,  public  health
sanitarian,  New York city public health sanitarian, sanitation enforce-
ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
technician  or  medical  or  related  personnel  in a hospital emergency
department, city marshal, school  crossing  guard,  traffic  enforcement
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 school crossing guard appointed pursuant
to  section  two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
sanitation  enforcement  agent,  New York city sanitation worker, public
health sanitarian, New York city public  health  sanitarian,  registered
nurse, licensed practical nurse, emergency medical service paramedic, or
emergency medical service technician, 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, school crossing guard appointed
pursuant  to  section  two hundred eight-a of the general municipal law,
traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure  law,  registered  nurse,  licensed  practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation  enforce-
ment  agent,  New York city sanitation worker, emergency medical service
paramedic, [or] emergency medical service technician, OR EMPLOYEE  OF  A
SECURE  OR  LIMITED  SECURE  RESIDENTIAL FACILITY LICENSED, CERTIFIED OR
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,  school  crossing
guard,  traffic enforcement officer, traffic enforcement agent, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation  enforce-
ment  agent,  New York city sanitation worker, emergency medical service
paramedic, or emergency medical service technician,  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  4.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the same date  and  in  the
same  manner as chapter 487 of the laws of 2015, takes effect; provided,
further, that section three of this act shall take effect  on  the  same
date  and  in  the same manner as chapter 472 of the laws of 2015, takes
effect.