NY State Senate Bill 2021-S5362

Senate Bill S5362

2021-2022 Legislative Session

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

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Mar 03, 2021	referred to codes

co-Sponsors

2021-S5362 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6382
2015-2016: S2251
2017-2018: S8424
2019-2020: S3924
2023-2024: S1165

2021-S5362 (ACTIVE) - Summary

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

2021-S5362 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5362

SPONSOR: OBERACKER
 
TITLE OF BILL:

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

 
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:

S.8424 of 2017-2018, (Codes).
S.3924 of 2019-2020, (Codes).

 
FISCAL IMPLICATIONS:

There are no fiscal implications.

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

2021-S5362 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5362
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10084-01-1

 S. 5362                             2
 
 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
 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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Senate Bill S5362

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Sponsored By

Peter Oberacker