NY State Senate Bill 2017-S8424

Senate Bill S8424

2017-2018 Legislative Session

Elevates assault of a code enforcement official to the class D felony of 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2018	referred to codes

2017-S8424 (ACTIVE) - Details

See Assembly Version of this Bill:: A10646
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6382, A9011
2015-2016: S2251, A4738
2019-2020: S3924
2021-2022: S5362
2023-2024: S1165

2017-S8424 (ACTIVE) - Summary

Elevates assault of a code enforcement official in the second degree to a class D felony.

2017-S8424 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8424

SPONSOR: SEWARD
 
TITLE OF BILL:  An act to amend the penal law, in relation to elevat-
ing an assault of a code enforcement official to the class D felony of
assault in the second degree

 
PURPOSE:

The bill elevates assault of a code enforcement official in the second
degree to a class D felony.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 3 of section 120.05 of the penal law,
elevating the assault of a Code Enforcement Official to the class D
felony of assault in the second degree.

Section 2: Establishes the effective date.

JUSTIFICATION:

Code Enforcement Officers regularly encounter hazardous situations and
dangerous environments as part of their duty to enforce the NYS Building
Code; this work is often done with little to no backup from fellow offi-
cers. As a result, Code Enforcement Officers are increasingly becoming
victims of aggression and assault while doing their job. It has been
reported that these officials have been attacked, and in some instances,
hospitalized in critical condition.  However, there are currently no
penalties for assaulting a Code Enforcement Officer while he or she is
performing their duties.

It is currently a felony to cause injury to utility workers, transporta-
tion officials, sanitation workers, and other government officials with
the intent to prevent them from performing their duties. This bill would
ensure Code Enforcement Officials receive similar protections by elevat-
ing assault of a code enforcement official in the second degree to a
class D felony.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

There are no fiscal implications.

 
EFFECTIVE DATE:
First day of November next succeeding the date on which it shall become
a law.

2017-S8424 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8424
 
                             I N  S E N A T E
 
                                May 7, 2018
                                ___________
 
 Introduced  by  Sen.  SEWARD -- 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 elevating an assault of  a
   code  enforcement  official  to  the  class D felony of 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.  Subdivision  3  of  section  120.05  of the penal law, as
 amended by chapter 267 of the laws  of  2016,  is  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, traffic enforcement agent, CODE ENFORCEMENT
 OFFICIAL,  or  employee of any entity governed by the public service law
 in the course of performing an  essential  service,  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, traffic enforcement agent, CODE ENFORCEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15567-01-8

 S. 8424                             2
 
 OFFICIAL, or employee of an entity governed by the public  service  law,
 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,
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  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, traffic enforcement agent, CODE  ENFORCEMENT  OFFI-
 CIAL, or employee of an entity governed by the public service law; or
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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